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The undue influence which will vitiate the will must be such as operates upon the mind of a testator at the time he executes the will and thus controls and induces him to make the will in the manner in which he does by reason of that influence. It must be such influence as affects the free agency of the testator and impels him to yield his choice to the person exerting the influence. Acts of kindness, disparaging statements of one who is the natural object of the testator's affection and bounty, in general, will not constitute undue influence but if these operate on the mind of the testator at the time of making the will so as to place under any restraint and control the terms of the will, they may amount to undue influence. It is not necessary that the undue influence be exerted by a beneficiary under the will neither is it essential that the undue influence be exerted at the time of the execution of the will but the undue influence that will vitiate a will may be the sum total of the effect of words spoken and acts done at or prior to the time of executing the will but the effect of the 10 acts must operate upon the mind of the testator in the act of making his will and restrain his free agency at that very time otherwise the influence does not affect or void the will. As stated, a person of full age, sound mind and memory, and not under any restraint, may dispose of his property or parts thereof by will, executed according to law, provided his disposition does not violate any law. The testator has a right to decide the terms of his will. He has a right to select the persons to whom he gives his property. He determines the portion he devises or bequeaths to each. He judges the fairness, justness or quality of his disposition by will. As its provisions affect others no one may question his right so to do or challenge his will, if made according to law and its provisions do not violate the law. The contents of the will, the effect and consequences of his provisions upon the persons whom the testator would naturally bestow his affections and his estate, as apparent from the evidence submitted, may be considered in connection with all the evidence in determining whether the testator did possess testamentary capacity or was under restraint at the time of making the will when he did make it. Declarations of the testator made at or after making a will in respect to his children and in respect to his purpose and intention as to making the will when he make it. Declarations of the testator made at or after making a will in respect to his children and in respect to his purpose and intention as to making a will and the disposition of his property may be considered as bearing on the testator's capacity and undue influence. Old age, mental or physical weakness, will not alone invalidate a will, unless such state or conditions render the operation of testator's mental faculties unreliable and deprive him of testamentary capacity as defined to you. But old age, mental or physical weakness, disease, or either, if existing at the time of making a will, may be considered in determining testamentary capacity and undue influence. If old age and physical weakness alone or in conjunction with other causes render the operation of testator's mental faculties unreliable and render him incapable of comprehending the provisions of his will and the effect thereof, or render him so susceptible to undue influence operating on his mind at the time of making the will that he acts under restraint in making his will, then such will would be invalid. Much evidence has been submitted bearing upon the issue between the parties. The door to the history of the life and death of John Smith, deceased, has been left ajar. You have been given glimpses therein. Evidence has been introduced tending to prove his age, his domestic life, his pleasures, his sorrows, his traits of virtues and his frailties, his business enterprises and successes the extent and value