[1944] S.C.R. 152
Facts
The will of a 79 year old testatrix was challenged based on undue influence of a son and competency. In 1941 her health failed. The son and his wife occupied her home from 1939 until her death. The door was left locked and key retained by the son, he screened her visitors. The son arranged for a lawyer to come to do her will. Her wishes were drawn out by questions of her son. Prior instruments differed the son came into control of the will.
Issues
The testator must be able to do more than answer ordinary questions. She must have a disposing memory to be able to understand and reason. The testator here did not have sufficient appreciation.