Estate of Fallon

Good Law
5 Coffey 426
Superior Court of California, County of San FranciscoJuly 1, 1886No. 4,716California400 words

Opinion

Opinion

decided 1886.]

Will.—A Bequest to Sign a Will as Witness may be express or implied; anything that conveys to a person the idea that the testator desires him to be a witness is a good request.

Will.—An Attesting Clause is not Essential to the validity of a will, beyond the fact that the witnesses signed as such.

Will.—A Person may be of Sound and Disposing Mind who is capable of fairly and rationally considering the character and sense of his property, the persons to whom he is bound by ties of blood, affinity or friendship, or who have claims upon him, and the persons to whom and the manner and proportions in which he wishes the property to go.

Will.—It is not the Weakness or Strength of Mind which determines its testamentary capacity, but its soundness—that is, its healthy condition and action.

*427 Will.—Partial Insanity or Monomania does not Affect Testamentary capacity in general, but only as to the persons or subjects in regard to which the unsoundness exists.

Will.—Monomania Consists in a Mental or Moral Perversion in regard to some particular subject or class of subjects, while in regard to others the person seems to have no such, morbid affection.

A Will Which is…

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