Francis Bradier vs. David S. Yulee

Francis Bradier vs. David S. Yulee

Lower Court

  • St. Johns County

Date

  • 1861

Box

  • 473

Folder

  • 853

Transcript

The Counsel for the Caveators and Objectors ask the Court to instruct the Jury as follows.

1st. That the said Mrs. Murphy at the executing of the said will, in order to make it valid, must have been of sound and disposing mind and memory and capable of exercising sense and judgment in reference to the situation and amount of her property- and capable of exercising sense and judgment, as to the relative claims of the different persons who were the objects of her bounty.

2. That in arriving at the capacity of said Mrs. Murphy to make said Will, the opinion of witnesses is the most unsatisfactory, and the least to be depended upon- the facts upon, which said opinions are founded are the most reliable evidence- that the opinion of Medical men are however entitled to more consideration.

3[rd]. That in taking into consideration the opinion of witnesses in this case, the jury should not give the weight of testimony so much upon the number as upon the intelligence of the witnesses, and their capacity to form correct opinions, and their means of information

If therefore you find from the evidence that the same Mrs. Murphy the [?] was not at the time of execution said will of sound and disposing mind and memory, and capable of exercising sense and judgment, in reference to the situation and amount of her property and capable of exercising sense and judgment as to the claims of persons to her bounty, - then she was not in a capacity to make this will, and you should so find.

4[th]. If you find from the evidence that the mind of