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ON THE

LAW OF WILLS

EMBRACING

EXECUTION, INTERPRETATION AND ADMINISTRATION

INCLUDING THOSE RULES OF REAL PROPERTY AND PRINCIPLES
OF EQUITY WHICH AFFECT TESTAMENTARY DISPOSITIONS,
WITH FULL REFERENCES TO AMERICAN AND ENGLISH
STATUTES AND DECISIONS, AND ALSO AN AP-
PENDIX CONTAINING FORMS AND PRECE-

DENTS, AND THE LEADING WILLS ACTS.

BY
JOHN E. ALEXANDER,
OF THE SAN FRANCISCO BAR.

IN THREE VOLUMES.

VOLUME TWO.

SAN FRANCISCO, CALIFORNIA.
BENDER-MOSS Co.

1918.

COPYRIGHT, 1918,
BY JOHN E, ALEXANDER.

286937

!

WILLIAMS PRINTING COMPANY

INDEPENDENT PRBSSROOM

CHAPTER XXII.

BAUD AND UNDUE INFLUENCE, FORGERY, DURESS, MISTAKE.

Sec.

Page.

573. Undue influence refers to mental coercion.

867

574. Undue influence allied to coercion....

868

575. Influence, to be undue, must destroy the free agency of testator.. 869

576. Undue influence is determined by effect produced, not by means

employed ...
.........

871

577. Influence, to be undue, must bear directly on the testamentary

act

578. The same subject: Must not be remote.......

873

579. Influence resulting from kindness or affection is not wrongful.... 874

580. Advice, argument, flattery, or persuasion, alone, does not estab-

lish undue influence....

876

581. The same subject......

878

582. Soundness of mind of testator: How considered.

879

583. Mental weakness, in conjunction with other matters, may raise

suspicion of undue influence...

880

584. A testator has the right to make an unequal disposition of his

estate ..

881

585. An unjust will alone causes no presumption of undue influence.. 883

586. When provisions of an unjust will may be considered....... 884

587. Suspicious circumstances dehors the will are heightened by unjust

provisions .....

885

588. Influence resulting from family relations.

886

589. The same subject.....

888

590. Illicit relationship alone raises no presumption of undue influence 889

591. The same subject: Contrary view....

891

592. Suspicious circumstances : eneficiary directing execution of will 893

593. Influence, although combined with opportunity and motive, does

not render will void......

895

594. Confidential relationship between testator and beneficiary: Parent

and child.......

897

595. The same subject: Some decisions hold that the law presumes

undue influence..

898

596. The same subject: A suspicious circumstance to be considered... 900

597. The same subject: Slight evidence only may be required..... 902

598. Fraud and undue influence distinguished...

904

599. The same subject: Either may exist without the other....

995

600. The same subject.....

906
Seo.

CHAPTER XXIIL.

948

949

950

950

9.53
994

CLASSIFICATION OF LEGACIES AND DEVISES.

995

996

997

997

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