In re the Estate of Rice

Foley, S.

The surrogate finds upon the evidence in the contested probate proceeding that the decedent, at the time of the execution of the will on September 9, 1930, was not possessed of testamentary capacity. The propounded paper is accordingly denied probate.

The principal issue raised by the contestants is the unsoundness of mind of the testatrix. She left, as her next of kin, her brother, two sisters and a niece. In her will she made a small bequest to charity and left the balance of her estate to her brother and to the members of his family. At the time of the execution of the will she was…