In re Estate of Godsil

On the question of mental condition, whether raised as to unsoundness or undue influence, the conduct and declarations of the testator, both before and after execution, are competent to show capacity or incapacity, if they tend to show its existence at the time of execution, but not otherwise. A sudden change to eccentric and peculiar habits is cogent evidence of insanity. Suicide is not conclusive evidence of insanity.

The testator’s correspondence, his manner of conducting business, etc., are competent. The fact that others dealt with him as sound or unsound of mind is competent when adduced merely to lay a foundation for evidence of the manner in which he received such treatment, but not otherwise.

His declarations, if not part of the res gestae of execution, must be offered not as his statement of facts, of fraud or undue influence, for in this respect they are hearsay and incompetent, but as statements which, independent of their truth or falsity, disclose his state of mind, strength or weakness of will, independence or infirmity of purpose, capacity or imbecility.

*515 What the testator said the law does not credit, for it is unsworn; but the fact that he said it the law…