Dobson v. Dobson

No serious claim is made that Joseph Dobson lacked testamentary capacity. The will was attacked principally upon the ground that it was the result of undue influence exercised upon the testator by his son, Milburn Dobson. The contestants rely heavily upon the fact that the will gives Milburn the bulk of the residue of his estate. We might, without great difficulty, conclude that in equity the instrument provides an unjust distribution of the estate. However, we may not consider it in the light of what we may deem just or unjust. If it was made by Joseph Dobson with full testamentary capacity,…