In re Wells

• Decision Date: 31 January 1902
• Citation: 51 A. 868,98 Me. 161
• Parties: In re WELLS.
• Court: Maine Supreme Court

51 A. 868

98 Me. 161

In re WELLS.

Supreme Judicial Court of Maine.

Jan. 31, 1902.

(Official.)

Appeal from supreme judicial court, Cumberland county.

In the matter of the will of Frances H. M. Wells, the court on application for probate, found testatrix not of sound mind, and that she executed the will under undue influence, From such decree, William Wells appeals, and moves for a new trial. New trial granted.

Argued before WISWELL, C. J., and EMERY, WHITEHOUSE, STROUT, SAVAGE, and POWERS, JJ.

J. C. & F. H. Cobb, for appellant.

E. C. Reynolds, for appellee.

POWERS, J. This is an appeal from a decree of a judge of probate approving and allowing the will of Frances H. M. Wells. At the hearing in the appellate court two issues were submitted to the jury by the presiding justice, viz.:

"Question: Was the testatrix, Frances H. M. Wells, of sound mind at the time she executed the instrument which purports to be her last will and testament? Answer: No.

"Question: Was said testatrix induced to make and execute said instrument, purporting to be her last will and testament, by undue influence? Answer: Yes."

Whereupon the appellee moved to have the verdict set aside and a new trial granted.

An examination of the evidence satisfies us of the following facts: The testatrix and the appellant had been married something over 20 years. The first half of their married life had been pleasant but about 1890 the testatrix became convinced, whether with or without sufficient grounds is immaterial, that her husband had formed an undue and unlawful intimacy with another woman. This conviction caused her a great deal of unhappiness. She at one time entertained the thought of obtaining a divorce, but, after talking the matter over with her counsel, said that she would remain in the house,— it was her home, and she would remain in the house, and the other woman should not come to the house while she was there. She frequently spoke of the affair to her counsel, and stated that she did not intend for her husband to have any considerable portion of her estate. On June 16. 1900, she was taken sick; the 19th she told her nephew, who had been her attorney since 1887, that she would like to have him prepare a will for her. At the same time she told him something as to the amount of her estate, where to find her bank books, to get them and take them to the city, and get them balanced up, asked him to figure up her notes, and told him about her other property. On the following day, June 20th, having ascertained the amount of her property, she stated to him what disposition she desired to make of it. Her sister visited her the 23d and remained with her until the 25th, and during this time she conversed rationally and intelligently about herself and her condition. The 24th the draft of the will was read to her, and she suggested some changes in it, so that the share of her estate which was given to one of her brothers, who had had some financial difficulty, should not be subjected to the claims of his creditors. On June 26th, her nephew returned with the will in its final draft, read it to her, and she looked it over and pronounced it all right. It was drawn in accordance with her instructions. By it she gave the bulk of her property to her heirs at law, her seven brothers and sisters, she being childless, $100 to each of her 13 nephews and nieces, $100 to a lady friend stopping at the house at the time, her wearing apparel to her sister, her sewing machine to her sister-in-law, her watch to her husband's grandchild, and the remainder, some $400, to her husband.

Having looked the draft of the will over, she stated whom she desired as witnesses, two of the neighbors and the nurse, and it was then duly executed and published as her last will and testament.

From that time until her death on July 17th, she continued to have callers and visitors, with whom she conversed in a manner which indicated that she bad sufficient mind and memory to recall what she had done, what property she had, and to understand her relations to those who were the natural objects of her affection and bounty. The two neighbors who witnessed the will gave no opinion as to the mental condition of the testatrix, but stated that she signed the will, and when asked if that was her will, and whether she desired them and the nurse to witness it, she nodded her bead in assent.

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