Will.—Every Person Over the Age of Eighteen Years, of Sound Mind, may, by last will, dispose of all his estate remaining after payment of his debts.

Will.—A Person is of Sound and Disposing Mind who is in the possession of all the natural mental faculties of man, free from delusion, and capable of rationally thinking, reasoning, acting and determining for himself. A sound mind is one wholly free from delusion. Weak minds differ from strong minds only in the extent and power of their faculties; unless they betray symptoms of delusion their soundness cannot be questioned.

Will—Delusion.—It is not the Strength of a Mind which determines its freedom from delusion; it is its soundness.

Will—Delusion of Mind is a Species of Insanity.—The main character of insanity, in a legal view, is the existence of a delusion.

Will.—A Person is the Victim of Delusion when he pertinaciously believes something to exist which does not. Belief of things which are entirely without foundation in fact is insane delusion; that is, where things exist only in the imagination of a person, and the nonexistence of which neither argument nor proof can establish in his mind.

Will.—If a Person is Under a Delusion, though there is but Partial Insanity, yet if it is in relation to the act in question, it will defeat a will which is the direct offspring of that partial insanity.

Will.—Belief Based on Evidence, However Slight, is not Delusion; delusion rests upon no evidence whatever; it is based on mere surmise. The burden of proof is upon the party alleging insanity or insane delusion.

Will.—A Will Produced by Undue Influence cannot stand.

Will.—Undue Influence is any Kind of Influence, either through fear, coercion, Or importunity, by which the testator is prevented from expressing his true mind. It must be an influence adequate to control the free agency of the testator. If a weak-minded person is importuned to such an extent that he has not sufficient strength of mind to determine for himself, so that the proposed script expresses the views and wishes of the person importuning, rather than his own, and is not his free and unconstrained act, it is not his will. Undue influence, or supremacy of one mind over another, is such as prevents that other from acting according to his own wish or judgment.

Will—Undue Influence.—Neither Advice, Argument, nor Persuasion will vitiate a will made freely and from conviction, though such will might not have been made but for such advice and persuasion. Neither does undue influence arise from the influence of gratitude, affection or" esteem.

Will.—If the Testator has Sufficient Memory and Intelligence fairly and rationally to comprehend the effect of what he is doing, to appreciate his relations to the natural objects of his bounty, and understand the character and effect of the provisions of his will; if he has a reasonable understanding of the nature of the property he wishes to dispose of, and of the persons to whom and the manner in which he wishes to distribute it, and so express himself, his will is good. It is not necessary that he should act without prompting.

Will.—Undue Influence may be Defined as that which compels the testator to do that which is against his will, through fear or a desire of peace, or some feeling which he is unable to resist, and but for which the will would not be made as it is, although the testator may know what he is about when he makes the will, and may have sufficient capacity to make it.

Will.—What would be an Undue Influence on One Man might be no influence at all on another. This depends upon the capacity, in other respects, of the testator.

Will.—Undue Influence must be an Influence Exercised in Relation to the will itself, and not in relation to other matters or transactions. But it need not be shown to have been actually exercised at the point of time that the will was executed.

Will.—Undue Influence cannot be Presumed, but must be Proved, and the burden of proving it lies on the party alleging it. Such evidence must often be indirect and circumstantial, for undue influence can rarely be proved by direct and positive testimony. The circumstances to be considered, stated,

Will—Insane Delusion—Undue Influence.—The Evidence in this Case reviewed at length and the conclusion reached, that the testatrix was the victim of an insane delusion, of which the instrument propounded was the offspring, and that the testatrix was unduly influenced to make the will in favor of proponent.