Sayre v. Trustees of Princeton University

• Decision Date: 25 October 1905
• Parties: SAYRE et al. v. TRUSTEES OF PRINCETON UNIVERSITY et al.
• Court: Missouri Supreme Court

90 S.W. 787

192 Mo. 95

SAYRE et al. v. TRUSTEES OF PRINCETON UNIVERSITY et al.

Supreme Court of Missouri, Division No. 2.

October 25, 1905.

1. APPEAL—REVIEW OF FACTS—CONFLICTING EVIDENCE.

In Missouri a will contest is an action at law, and the Supreme Court will not weigh conflicting evidence to determine whether the jury found against the weight of evidence.

2. SAME.

On appeal in a will contest, the Supreme Court will examine the record to see if there is any testimony to support the verdict.

3. WILLS—MENTAL CAPACITY.

A testator must have sufficient understanding to comprehend the nature of the transaction in which he is engaged, the nature and extent of his property, and to whom he desires to give it, and must give it without the aid of any other person.

4. SAME—EVIDENCE.

In an action to contest a will on the ground of mental unsoundness, there was no probative significance in the fact that testator preferred to stay by himself, and "seemed to be thinking or studying," or "was talking to himself," or that, while superintending the digging of his brother's grave, to do which he had employed three men, he threw out two or three shovels of dirt himself.

5. SAME—DERANGEMENT OF MENTAL FACULTIES.

Derangement of mental faculties does not incapacitate one from making a will, if it does not render him unable to transact his ordinary business, and incapable of understanding the extent of his property and of appreciating the natural objects of his bounty.

6. EVIDENCE — MEDICAL EXPERT OPINION — EFFECT.

In a will contest on the ground of mental incapacity on testator's part, the courts will not accept the opinion of medical experts, based on facts which the law does not recognize as showing a want of capacity to make a will.

7. WILLS — TESTAMENTARY CAPACITY—SUFFICIENCY OF EVIDENCE.

In a will contest, evidence examined, and held to show that testator was mentally competent to make the will.

Appeal from Circuit Court, Lewis County; E. R. McKee, Judge.

Action by David E. Sayre and others against the trustees of Princeton University and others. Judgment for plaintiffs, and defendants appeal. Reversed.

Joseph W. Lewis, Jno. D. Davis, Marchand & Rouse, and Silver & Brown, for appellants. Clay & Johnson, Robert W. Ray, Sam B. Jeffries, and Walter M. Hilberty, for respondents.

GANTT, J.

This is a proceeding to contest the validity of the will of Dr. John S. Sayre who died at Monticello, Lewis county, Mo., on November 29, 1899. The plaintiffs or contestants are two brothers and certain nephews and nieces of the deceased. The defendants, or proponents of the will, are sisters of the deceased and other next of kin, the trustees of Princeton University, George T. Barnes, and George W. Marchand, the last named being the executor of the will. The petition alleges that the said paper writing, purporting to be the last will and testament of Dr. Sayre, was not his last will, but that at the time of the execution of the same he was not of sound mind and memory and was mentally incapable of making a will or other disposition of his property. The trustees of Princeton University, and the two sisters of the deceased, Mrs. Charlotte S. Boorman and Elizabeth Smith, filed a joint answer admitting the execution of the instrument and its attestation, and the probate thereof, but denied that the testator was of unsound mind and memory and incapable of making a will, and alleged that he was, at the date of said will, of sound mind, and competent to make said will and to dispose of his property as he did therein. The minor defendants answered by guardian ad litem. The defendants, as proponents, introduced the subscribing witnesses, William K. Marchand, J. H. Bland, and H. R. McRoberts, who testified that at the request of Dr. Sayre they signed the same as witnesses in his presence, and that at the time he was over 21 years of age, and of sound mind, and then offered the will itself in evidence, which is in words and figures as follows:

"In the name of God, Amen.

"I, Dr. John S. Sayre, being of sound and disposing mind and memory, do make and publish this my last will and testament, as follows:

"Article 1. Regarding the state of Missouri as my home, it being the place of my birth, and the state in which my principal estate is situated, it is my desire and direction that my estate be administered upon under the laws of the state of Missouri.

"Article 2. I direct that any just debts of mine be paid without unnecessary delay, that my funeral expenses be moderate, and that nothing more than a `marker' similar to those used for my father and mother, be used as a tombstone.

"Article 3. I give and bequeath and make the following legacies, to wit:

"Section 1. My brother David E. Sayre being indebted to me in the sum of one hundred ($100) dollars, as evidenced by his note of November 30, 1898, at three months from date, I direct that my said note, or balance thereof, be surrendered to him and that my claim against him for said sum be canceled.

"Section 2. To my brother-in-law Rev. W. Frank Smith, I give the sum of twenty-five ($25) dollars to be used for buying such theological books as the Rev. G. C. Kall, or in case of his death, the pastor of the First Baptist Church of Monticello, Missouri, may approve—this legacy being upon the condition that the said Rev. W. Frank Smith is sufficiently interested to expend an equal sum of twenty-five dollars to be added to the above amount for the same purpose.

"Section 3. To my sister, Mrs. W. Frank Smith, I confirm the presents of the ivory fan, silk dress and silk handkerchiefs, all from Japan, that I have, previous to this date, made to her, and in addition give to her the sum of two hundred and fifty ($250) dollars to be used toward building a two-story brick kitchen addition to the dwelling where she now resides, or in case of her removal, or in case she prefers otherwise, for any purpose she may select.

"Section 4. To my nephew, John S. Sayre, son of my deceased brother, T. Dolan Sayre, I give my open-face gold watch which is an heirloom from my great-grandfather, the Rev. John Stanford, D. D., for whom we were both named—my said nephew not being a namesake of myself. In case of death of said nephew said watch to revert absolutely to my brother, Capt. F. Sayre, U. S. A.

"Section 5. To each of my nieces, Katie K. Sayre, Elizabeth S. S. Boorman, Ruth E. Sayre, Mary Depew Sayre and Elizabeth S. Sayre, I direct that my executor give a moderate present from among the Japanese or other bric-a-brac owned by me.

"Section 6. To my sister, Mrs. Charlotte S. Boorman, I give and bequeath the painting of the Rev. John Stanford, now in the dwelling house of Mrs. Frank Smith, and request that Mrs. Charlotte S. Boorman use further means to ascertain if the said painting is a real `Inman.' At the death of Mrs. Charlotte S. Boorman, I request that the said painting be bequeathed to her son Kitchel M. Boorman.

"Section 7. To my sister, Mrs. A. K. Wallin, now of Fulton, Wisconsin, I confirm the cashmere shawl and other gifts presented to her by me during my lifetime, and in addition I give to my sister, Mrs. A. K. Wallin, the sum of one hundred ($100) dollars.

"Section 8. To each of my friends, Dr. R. H. Sayre, of New York, George W. Marchand and George T. Barnes, of Monticello, Missouri, I direct that my executors give a handsome present, such as books, a pair of Japanese vases, or a hanging Japanese picture (`Kakemons').

"Section 9. To my brother, Capt. F. Sayre, U. S. A. I give and bequeath all my professional and other books, pamphlets, papers, letters, etc., all articles of clothing, naval or civilian, any professional instruments, and all miscellaneous articles such as those collected in my travels, and not otherwise bequeathed, to dispose of as he thinks wisest. In case any article is not specifically mentioned, the same is to be the property of my said brother. The said articles, clothing, etc., being now located as follows: Two boxes and one trunkful in the basement of the U. S. Naval Hospital, Brooklyn, New York (apply medical director in charge), two boxes and one trunkful in the house of Mrs. Charlotte S. Boorman and the remainder being in the dwelling house of my sister, Mrs. W. Frank Smith. To my said brother, Capt. F. Sayre, U. S. A., I give my leopard skin now in the house of Mrs. W. Frank Smith. Also to my said brother, Capt. F. Sayre, U. S. A., I give the sum of one thousand ($1,000) dollars in trust for his daughter Elizabeth S. Sayre, to be invested at compound interest to be presented to her when she reaches the age of twenty-three years. In case of her death, the said sum to revert to my brother, to his sole and absolute use.

"Article 4. I give and bequeath to my friend, George T. Barnes, now of Monticello, Missouri, the sum of five hundred ($500) dollars in trust to purchase and fit out a free public library for the town of Monticello. In case of the death of the said trustee, George T. Barnes, the same sum or the proceeds therof, to be vested in a trustee appointed by the town board of said town of Monticello, Missouri. I suggest that the trustee secure the approval of the librarian of the free public library of Quincy, Illinois (whom I know to be a very experienced person), to the list of books to be purchased, as best suited to the citizens and their children, and the best way to purchase them. I suggest that perhaps the books may be kept in the public school building in charge of the principal of said public school under such rules as the librarian of the free public library, at Quincy, Illinois, may advise. However, this suggestion is not mandatory and the trustee will use his discretion to make the said library most useful, especially to the young people of said town.

"Article 5. In case that any condition herein is not accepted by the legatee the money is to revert to the residuary legatee hereinafter mentioned. Any articles not accepted by legatees to revert...