In re Weber's Estate

In In re Weber's Estate, 201 Mich 477, 479-480; 167 NW 937 (1918), the testatrix was an alcoholic for years and died an early death as a result of cirrhosis of the liver. Before her death, she was angered by her son's diversion of some of her money to a joint bank account and by his court action, questioning her abilities. Id. There was evidence both pro and con that during the time frame surrounding the making of her will, she was having mental difficulties. Id. at 481. The Court did not invalidate her will. It noted that she had disposed of her home a few months before the will was made and no one had questioned her competency to do that. In addition, no one testified that she was under the influence of liquor at the time the will was executed or for two weeks before that. Id. The testatrix sought out a lawyer to write her will. Id. at 481-482. Those present at the time the will was executed testified that the testatrix was entirely competent. Id. at 482. There was no evidence at all that on the day she signed her will she was incompetent. Id. The Court noted that the mental capacity required to make a valid will is less than that which is required to form a contract. Id. It also found that the question of the use of intoxicating liquor did not change the ruling with regard to her competency. Id. at 482-483.