Case of Cochran's Will

Court of Appeals of Kentucky

Case of Cochran's Will

17 Ky. 263, 1 T.B. Mon. 263, 1824 Ky. LEXIS 211

DecidedDecember 23, 1824

StatusPublished

This text of 17 Ky. 263 (Case of Cochran's Will) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Case of Cochran's Will, 17 Ky. 263, 1 T.B. Mon. 263, 1824 Ky. LEXIS 211 (Ky. Ct. App. 1824).

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Opinion

Opinion of the Court, by Ch.

J. Boyi,e.

THE execution of the will was proved by the two subscribing witnesses, and the only question is as to the sanity of the testator’s mind.

That for some time before the execution of the will, and until his death, the testator’s mind was, in general, in a state of derangement, produced by the habitual and intemperate use of ardent spirits, cannot, we think, he doubted. He enjoyed, no doubt, in that period, some intervals, in which his mind might be deemed competent for the purpose of making his will; but to justify the establishment of the will, it ought to be shown by clear and satisfactory testimony, to have'been made in one of those lucid intervals. This, we think, has not been done. The two subscribing witnesses were wholly' incapable of testifying to the sanity of the testator’s mind, and the testimony of the only other witness present at the execution of the will, is inconclusive and unsatisfactory.

The order of the county court refusing to admit the ■will to record, must be affirmed with costs.

Dec. 23.

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Opinion of the Court, by Ch.

J. Boyi,e.

THE execution of the will was proved by the two subscribing witnesses, and the only question is as to the sanity of the testator’s mind.

That for some time before the execution of the will, and until his death, the testator’s mind was, in general, in a state of derangement, produced by the habitual and intemperate use of ardent spirits, cannot, we think, he doubted. He enjoyed, no doubt, in that period, some intervals, in which his mind might be deemed competent for the purpose of making his will; but to justify the establishment of the will, it ought to be shown by clear and satisfactory testimony, to have'been made in one of those lucid intervals. This, we think, has not been done. The two subscribing witnesses were wholly' incapable of testifying to the sanity of the testator’s mind, and the testimony of the only other witness present at the execution of the will, is inconclusive and unsatisfactory.

The order of the county court refusing to admit the ■will to record, must be affirmed with costs.

Dec. 23.

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Bluebook (online)

17 Ky. 263, 1 T.B. Mon. 263, 1824 Ky. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/case-of-cochrans-will-kyctapp-1824.