Topic: to understand the nature and consequences of his act, the p… · Go Syfert
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Topic #21154

6 canonical passages across 6 cases, quoted by 20 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Payne v. Payne.

#Case FlagCanonical passage Citers
1 Payne v. Payne Anchor
wva · 1924
green “to understand the nature and consequences of his act, the property to be disposed of, and the objects of his bounty.” 5
2 James v. Knotts
wva · 2010
green “in syllabus point 4 of stewart, this court explained that "when incapacity of a testator is alleged against a will, the vital question is as to his capacity of mind at the time when the will was made.” 3
3 Newman v. Smith
fla · 1918
green “where there is an insane delusion in regard to one who is the object of the testator's bounty, which causes him to make a will which he would not have made but for that delusion, such will cannot be sustained.” 3
4 Nicholas v. Kershner
wva · 1882
green “no person of unsound mind, or under the age of eighteen years, shall be capable of making a will.” 3
5 Kerr v. Lunsford
wva · 1888
green “evidence of business transactions by the testator, both before and after the execution of the will, indicating his mental condition, are admissible on the question of his capacity at the time the will was executed.” 3
6 Sargent v. Kujath
wis · 1950
green “materially affect the making of the will” 3

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