Estate of Brown

5 Coffey 428

• Court: Superior Court of California, County of San Francisco
• Decided: July 1, 1899
• Docket: No. 15,983
• Status: Published

Opinion

decided 1899.]

Wills—Due Execution—Evidence of Scrivener’s Experience.—On the issue of due execution of a will, the testimony of an attesting witness who drew the instrument that he has had experience in drawing wills is admissible.

Will—Failure of Memory of Witness.—The fact that an attesting witness to a will cannot remember the details of the transaction does not cast a cloud upon the due execution of the instrument established by other direct evidence and circumstances.

Will—Competency of Testator—Age and Physical Infirmities.—Evidence of the advanced age of a testator and of his physical infirmities, if they did not impair the operation of his mind in the making of his will, does not establish testamentary incapacity.