In these cases the law, from the reasonableness
of the provisions of the will, may assume the existence of the lucid
interval. A will made during a lucid interval is valid. When an attempt
is made to set aside the provisions of a will on the ground of insanity
in a person not previously judged insane, the plaintiff must show that
the testator was mad; when the provisions of the will of a lunatic are
attempted to be upheld, the plaintiff must show that the will was made
during a lucid interval.
A testator is capable of making a valid will when he has (1) a knowledge
of his property and of his kindred; (2) memory sufficient to recognize
his proper relations to those about him; (3) freedom from delusions
affecting his property and his friends; and (4) sufficient physical and
mental power to resist undue influence. The fact of a man being subject
to delusions may not affect his testamentary capacity. He may believe
himself to be a tea-kettle, and yet be sufficiently sound mentally to
make a valid will.
=Undue Influence.=--Persons of weak mind or those suffering from senile
dementia are often said to have been unduly influenced in making their
wills, and subsequently their dispositions are disputed in court.
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