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1. Testamentary capacity.
Issue of testamentary capacity of person who
had once been insane held properly submitted by
instruction that, if his insanity was permanent,
the presumption was that it would continue,
and that the burden was on defendant to show
that he was of sound mind when he executed
the will.-Keely v. Moore, 169.

Application for admission of a testator to in-
sane asylum, with certificate of physicians, held
inadmissible on the issue of his testamentary
capacity.-Keely v. Moore, 169.

§ 2. Requisites and validity.

Official certificate of vice consul at foot of will
executed abroad, otherwise sufficient as an at-
testation, may be treated as such by disregard-
ing his title appended to signature.-Keely v.
Moore, 169.

§ 3. Construction.

Intent of testator to dispose of his whole es-
tate by will held to prevent application of rule
that devisees of land without words of limita-
tion or description pass only a life estate.-Mc-
Caffrey v. Manogue, 319.

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WEST PUBLISHING CO., PRINTERS, ST. PAUL, MINN.

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