Gordon v. Gordon

The opinion of the court was delivered by

Benson, J.:

This is an appeal from a judgment refusing probate of the will of Wallace Gordon for want of testimentary capacity.

The .testator was a farmer 72 years of age. The will was made on February 14, 1910, and he died on the 27th day of April following, leaving a wife but no children. For several years before his death he had been in failing health and his mind grew feeble. For some time he was in a distressing physical condition, and his mental faculties were impaired — whether sufficiently to destroy testamentary 'capacity was the issue in this…