Warwick v. Zimmerman

The opinion of the court was delivered by

Hutchison, J.:

This is an action to set aside the joint will of the father and mother of the plaintiff after the death of both of them. There are really only two questions involved: First, Is the will a joint, mutual and reciprocal one, and, if so, can it be set aside after the death of the testators? Second, Did the mother execute the will by reason of undue influence?

The only property involved herein is real estate which stood in the name of and belonged to the mother, who survived the father, and by the terms of the will was devised to benevolent and…