CHARLES H. SWEETSER, OF SAN DE FUCA, WHIDBEY ISLAND, WASHINGTON; ELIZA LOWELL HALEY, OF BUCKSPORT, STATE OF MAINE; KINNEY C. LOWELL, OF BOSTON, STATE OF MASSACHUSETTS; KINNEY C. LOWELL, AS GUARDIAN OF MARY R. LOWELL, A PERSON OF UNSOUKD MIND, OF BUCKSPORT, STATE OF MAINE; ABRAM LOWELL, OF ABRAM, STATE WISCONSIN, APPELLANTS,
v.
SIMEON LADD, OF BUCKSPORT, STATE OF MAINE; MARY E. SMITH, OF BUCKSPORT, STATE MAINE; FRANK T. CULLENS, OF JACKSONVILLE, STATE OF FLORIDA; CAROLINE GILLETT, OF SIOUX FALLS, STATE OF SOUTH DAKOTA; MARION FLETCHER MACDONALD, OF BAR HARBOR, STATE OF MAINE; MRS. A. M. MACDONALD, OF BAR HARBOR, STATE OF MAINE, AND A. M. MACDONALD, HER HUSBAND; A. M. MACDONALD, IN HIS OWN RIGHT, A. M. MACDONALD, AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF ABBIE R. DODGE, DECEASED, APPELLEES.-DUVAL COUNTY
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In this 1906 Florida case, heirs challenged the will of Abbie R. Dodge on grounds of testamentary incapacity and undue influence, alleging the testatrix was unduly influenced by A. M. MacDonald, a pastor who was the primary beneficiary. The Florida Supreme Court affirmed both lower courts' rejection of the challenge, holding that the evidence clearly established the testatrix had adequate mental capacity and was not subjected to undue influence.
The court affirmed the lower courts' denial of the petition to revoke the will, holding that the evidence clearly demonstrated the testatrix had the requisite mental capacity and that her mind was above average in strength and clearness, and that she was not unduly influenced by MacDonald.
“we are confident, after a most careful study of the record, not only that Mrs. Dodge had at the time of making the will the requisite mental capacity, but that her mind was above the average in strength and clearness and that she was not unduly influenced by Mr. MacDonald”
Establishes the court's holding that the testatrix had adequate capacity and was not subject to undue influence
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Join FLexlaw to unlock all legal intelligenceAbbie R. Dodge, a childless widow, died in Jacksonville on March 28, 1904. She had executed a will on January 22, 1903, in proper form, making specifi…
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Per Curiam:
Mrs. Abbie R. Dodge, a childless widow died in Jacksonville on the 28th day of Mrch, 1904. By a will executed January 22, 1903, after making specific bequests to various relatives she devised the rest of her large estate, which she had acquired chiefly if not wholly by her own efforts to A. M3. McDonald who had been for several years the pastor of her church. The will was executed in proper form and was duly probated by the County Judge of Duval county, Florida. A petition was filed by certain of her heirs praying the revocation of the will, alleging that the testatrix was mentally incapable of executing a will and that the will was procured by the undue influence of MacDonald. Voluminous evidence was taken upon the issues thus raised and the County Judge denied the petition. An appeal was taken to the Circuit Court for the Fourth Judicial Circuit, and this action was affirmed. The contestants thereupon appealed to this court and pray a reversal of both courts. Irrespective of where the burden of proof may lie in such cases and blotting out the fact that two capable judges, who are probably well acquainteed with the majority of the witnesses in the case, one of whom had them before him, have separately upheld the will as against the assaults made upon it, we are confident, after a most careful study of the record, not only that Mrs. Dodge had at the time of making the will the requisite mental capacity, but that her mind was above the average in strength and clearness and that she was not unduly influenced by Mr. MacDonald. For the courts to set aside a will upon the facts in this record would be to unduly impair the power given by the Legislature to make wills.
We find no reversible error in the admission or rejection of evidence. A broad, in fact a too liberal, latitude was allowed the contestants in the introduction of their evidence, but as to this they can not complain.
Had the courts found other than they did, we would have felt called upon to interfere, but as they found correctly, the decree of the Circuit Court, affirming the order or decree of the County Judge is itself affirmed.
Shackleford, C. J., and Cockrell and Whitfield, JJ., concur. Taylor, Hocker and Parkhill, JJ., concur in the opinion.
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Gardiner v. Goertner, 110 Fla. 377 (Fla. 1932)…27), and unless it should clearly appear that he was induced to execute the will by fraud, undue influence or other unlawful means, it should be upheld. Hamilton v. Morgan, supra; Newman v. Smith, 77 Fla. 633, 667, 668, 82 So. 236; Sweetser v. Ladd, 52 Fla. 663, 41 So. 705. “A ‘sound mind,’ as applied'to the execution of a will, comprehends ability of the testator to mentally understand iff a general way the nature and extent of the property to be disposed of, and the testator’s relation to those who woul…
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Neva Hamilton v. A. J. Morgan Under the Instrument Offered for Probate as the Last Will and Testament of Bartlett Hamilton, 93 Fla. 311 (Fla. 1927)…ing the will was in fact prevented by deception, undue influence or other means, or that the disposition of the property is contrary to law; otherwise the right given by the statute to dispose of property by will would be thwarted. Sweetser v. Ladd, 52 Fla. 663, 41 South. Rep. 705; Newman v. Smith, 77 Fla. 633, 667 and 688, 82 South. Rep. 236. A “sound mind,” as* applied to the execution of a will, comprehends ability of the testator to mentally understand in a general way the nature and extent of the pro…
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Willo v. Newman, 77 Fla. 633 (Fla. 1918)…cuit “Court of the Thirteenth Judicial Circuit of Florida.” From this decree the contestant, Willo V. Newman, appealed to thjjs court. See Sections 5, 11, 17, Art. V, Constitution; Sec. 1710, Gen. Stats. 1906, Compiled Laws, 1914; Sweetser v. Ladd, 52 Fla. 663, 41 South. Rep. 705; Brown v. Avery, 63 Fla. 355, 58 South. Rep. 34, Ann. Cas. 1914A, 90. The ertors assigned here are as follows: “1. The Circuit Court erred in reversing the judgment of the County Judge of Hillsborough County, Florida, on the gr…
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