(1870) JELR 80267 (QB)    
Queen's Bench  ·  LR 5 QB 549 ·  6 Jul 1870 ·  United Kingdom
Other Citations
[1861-73] All ER Rep 47
Core Terms Beta
testamentary disposition
learned judge
mental disease
rational act
disposition of his property
mental power
moral sense
objects of his bounty
sound mind
capacity of the testator
favour of the will
insane delusions
mr ansdell
unsound mind
case of deer v clark
case of general insanity
decease of the testator
degree of unsoundness of mind
effect of the will
exercise of the faculties essential
following judgment of the court
former times
great work
greenwood v greenwood
judicial decision
jurisprudence of other countries
last occasion of tolson
law of john banks
law of margaret goodfellow
m troplong
objects of affection
particular testamentary disposition
part of the testator
person of the power of disposing
person present
pounds 7s 4d
present case
recent case of smith v tebbitt
rents of some cottage property
state of his mental faculties
state of violent excitement
such instructions
sufficient testamentary capacity
testamentary instruments
testator john banks
validity of a will
various forms
waring v waring
whole time


(read the following judgment of the court)

This is an action brought by the plaintiff, as heir-at-law of John Banks, to try the validity of a will made by the latter in favour of one Margaret Goodfellow, of whom, she having died since the decease of the testator, the defendant is the heir. The question in issue at the trial was the capacity of the testator to make a will. Instructions for the will taken by the attorney who prepared it were signed by the testator and attested by witnesses in his presence on 2 December 1863. The will formally prepared from such instructions was duly executed on the 27th of the same month. The question is whether on both or either of those days the testator was of sound mind so as to be capable of making a will.

It is a fact beyond dispute that the testator John Banks had at former times been of unsound mind. He had been confined as far back as the year 1841 in the county lunatic asylum. Discharged after a time from the asylum, he…

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