How have courts considered evidence that the testator was sane?
Ontario, Canada
The following excerpt is from R. v. Badgerow, 2014 ONCA 272 (CanLII):
Another example comes from the facts of Wright v. Doe itself. The issue was testamentary capacity. It was sought to introduce in evidence letters written to the testator by several people, some of whom were deceased, who wrote in terms indicating they considered him capable of understanding ordinary business affairs. The evidence might have been regarded as circumstantial evidence that the testator was sane, because others who knew him treated him as being of sound mind. However, the evidence was excluded as hearsay.
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