Wilson v. Mitchell

Robinson, J., delivered the opinion of the Court. The question in this case is a very narrow one, and arises upon an exception to certain evidence admitted during the progress of the trial in the Court below. The testatrix died in the early part of 1890, leaving a paper purporting to be her will, by. which’she devised her property to Mary H. Mitchell for life, and upon her death to the African Methodist Bethel Church of Baltimore City. To the probate of this paper a caveat was filed by the heirs and next-of-kin, and, upon their petition, issues were sent by the Orphans’ Court to the Baltimore City Court for trial, involving “testamentary capacity,'” “fraud,”- and “ undue influence.” After offering evidence tending to prove that the testatrix was incompetent to execute a valid deed or contract, the caveators further proved that within eighteen months prior to her death, she had made no less than four different testamentary dispositions of her property, one of which was made a few weeks only before the date of the will now in controversy. ²⁴ Now, to rebut anj inference the jury might draw from this evidence, as tending to show a weak and vacillating-mind on the part of the testatrix, and as such easily susceptible to the influence of those around her, the caveatee proved by the witness Audoun, by whom the will in question was prepared, that he was a lawyer of considerable practice in testamentary affairs, and especially in the preparation of wills, and then asked him the following question: “What has been your observation with reference to-the habit of people as regards changing their wills?” To which he replied: “That from his observation it was a common thing for people to change their wills.” Now we fully agree with the appellants that such evidence as this was wholly inadmissible.

It is no doubt a common thing for persons to change their wills, and for reasons which may be satisfactorily explained. And while it was fully competent for the caveatee to prove any specific facts tending to show the reasons by which the testatrix was governed in making the several testamentary