mnsron ·v. ruarm. .25
ness of transaction. Smith v. Smith, 19 N. W. Rep. 47. What amount  to. Wooley
v. Drew, 13 N. W. Rep. 594. Misrepresentation as to the legal eifect of an instrument
whose contents are known, not. Jagger v. Winslow, 15 N W. Rep. 242.
4. Insane DELUBION. Wliat amounts to. In re Stewart, 22 N. W. Rep. 392. Delu-
sions and whims of testator do not destroy his testamentary capacity, if he has the
ability to make a sensible disposition of his property. Rice v. Rice, 19 N. W. Rep. 132.
Delusion in testator as to "grcenbacks," or to the effect that one is holding or running
lor an onice, or that his wife courted him or had mistreated him after marriage, do not
render testator incompetent to make a will, if they do not iniluence its provisions.
Rice v. Rice, 15 N. W. Rep. 545. Will set aside for undue " spiritual " influence, when.
Thompson v. Hawks, 14 Fed. Rep. 902. Religious, insane delusions, which take posses-
sion of the person, dominate his life, and enter into the disposition made of his pro -
erty, will destroy the will. Id., and note on page 9 .6. Insane delusions defeat a will,
when. In re Will of Cole, 5 N. W. Rep. 346. Disinheriting a favorite child is not evi-
dence o£ Bomgardner v. Andrews. 8 N. W. Rep. 481.
5. Mrmrsi. Waaxnass Ann Uivsounnuass or Minn. Mere mental weakness, where
there is power to contract at all, is not suilicient ground to warrant setting aside a deed
of gift or sale, where no fraud or undue influence is shown, Campbell v. Campbell, 2
. N. W. Rep. 541; Abbott v. Creal, 9 N. W. Rep. 115; or for refusing to admit will to pro-
bate. Fraser v. Jenuison, 3 N. W. Rep. 882. As to amount of mental capacity neces-
sary to make a will. see Blakely v. American Bible Soc. 4 N. W. Rep. 337; Webber
v. Sullivan, 12 N. W. Rep. 319; In re Stewart, 22 N. W. Rep. 392. Eliect of business
incapacity, inability to learn to read beyond the alphabet, or to count more than 20,
and a preference for large coins over small ones, regardless of value, considered.
Shoulters v. Allen, 16 N. W. Rep. 888. Convefyance by an enfeebled old man in con-
sideration of support set aside on ground o . Raynett v. Balus, 20 N. VV. Rep. 533.
Deed executed while one is mm compos mentis will be canceled. Fisher v. Fisher, 11 N.
W. Rep. 864. Deed of insane man set aside, when. Rogers v. Blackwell, 13 N. W. Rep.
512. Burden of proof on party alleging. Stephenson v. Stephenson, 17 N. W. Rep.
456. What evidence admissible to show. Wurzell v. Beckman, 18 N. W. Rep. 226.
6. Unnun Inrnnsucn. What amounts to. Watkins v. Brant, 1 N `W. Rep. 82;
Hanna v. Wilcox, 5 N. W. Rep. 717; Ashton v. Thompson, 9 N. W. Rep. 876; O'Neil
v 0’N eil, 14 N. W. Rep. 59; Webber v. Sullivan, 12 N. W. Rep. 319. Must be equiva-
lent to moral coercion. In re Will of Carroll, 7 N .W Rep. 434. The allegation that a
conveyance of real estate and personal property was obtained by undue influence of
the grantee upon the mind of the grantor must be established by evidence, or it will
not be considered. Ireland v. Geraghty, 15 Fed. Rep. 35. Respecting the suliiciency
of thc evidence, see Porter v. Throop, 11 N. W. Rep. 174; Shepardson v. Potter, 18
N. W. Rep. 575. As to presumptions of undue iniiuence, see Thompson v Hawks,
14 Fed. Rep. 902, and note on page 905. When presumed in transactions between par-
ents and children. Bowe v/Bowe, 3 N. W. Rep. 843; Ashton v. Thompson, 18 N. W.
Rep. 918; Smith v. Smith, 19 N. W. Rep. 47. Inducing old and imbecile person to do
what is just and tor his own good is not, although advantage result theretrom. Dailey
v. Kastell, 14 N. W. Rep. 635. The burden of proof is on party alleging, Webber v.
Sullivan, 12 N. W. Rep. 319, and may be shown by circumstantial evidence, and rela-
tions of parties. Shepardson v. Potter, 18 N. W. Rep. 575. What evidence admissible
to show. Dye v. Young, 7 N. W. Rep. 678; Shepardson v. Potter, 18 N. W. Rep. 575.
Prior statements of testator, when admissible. Storer v. Zimmerman, 8 N. W. Rep.
.827. When testator shown to be of unsound mind, cannot be considered. ·Estate of
Lang, 2 Pac. Rep. 491. Jas. M. Kama.
Sl. Paul, Mun.