Witnesses examined relative to the state of mind of a testator.
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Joanna M'Alexander, a sister's daughter, and one of the nearest of kin to umquhile Elizabeth Dalrymple, pursues a reduction of the said Elizabeth's testament, whereby she nominates Charles Dalrymple, her brother's son, her executor, and universal legatar, upon this reason, that in the time of the making that testament she was not compos mentis, but fatuous and insensible.
The Lords having appointed the witnesses of the testament, and other witnesses, to be examined thereanent, the witnesses in the testament, and writer thereof, being examined, deponed, That she was in her right mind, and gave order for drawing of the testament, and gave order to subscribe it; the other witnesses deponed, That about that time, for several weeks before, and some time after, the defunct was fatuous, and not in a right mind, and to every question proposed to her, she answered always yea, yea, and some words of ravery, which she frequently spoke.
The Lords having also caused re-examine the testamentary witnesses, that it might appear whether she did only answer to interrogatories, as when it was answered, whether she would have Charles Dalrymple her executor, and universal legatar, and whether she said yea, yea, and whether she gave direction without a foregoing question by words that might signify her sensibility; and having considered the whole testimonies, they found that probation most pregnant, that she was fatuous, and insensible at the time of the making the testament; and therefore reduced, albeit the witnesses were extraneous that proved, and were not present at making the testament, at which time a lucid interval of a person distempered by disease, not constantly fatuous, might have been sufficient.
