Opinion
[No. 78, October Term, 1936.]
Decided January 20th, 1937.
Testamentary Capacity — Evidence.
Testimony by testator's physician and by the draftsman of the will held to warrant a directed verdict in favor of the defendant in a caveat proceeding involving issues as to testator's knowledge of the contents of the will, his sound and disposing mind when he executed it, and whether it was procured by fraud or undue influence.
That the testator, after his execution of the will, on several occasions referred to it as dividing his estate equally between his wife and his two children, and that it perhaps failed to do this, was not sufficient basis for the submission of the case to the jury on the issue of testamentary capacity, in view of the evidence as to testator's mental competency and the independent and understanding exercise of his volition.
Decided January 20th, 1937.
Appeal from the Superior Court of Baltimore City (DENNIS, C.J.).
Petition and caveat by Lawrence R. Lutz and Irma E. Sener as regards an alleged will of Joseph Lutz, deceased, defended by Margaret H. Lutz, named as executrix in said will and sole legatee thereunder. From rulings in favor of the caveatee, the caveators appeal. Affirmed.
The cause was submitted on briefs to BOND, C.J., URNER, OFFUTT, PARKE, SLOAN, MITCHELL, SHEHAN, and JOHNSON, JJ.
Louis J. Jira and Powell Vickers, for the appellants.
Harvey C. Bickel and Gersh I. Moss, for the appellee.
Unreported cases.