Miller v. Flowers

THOMAS, J.:

The will of Mary F. Cagney, aged ninety years when she died, was probated, then challenged by appellants, two brothers and two sisters, nephews and nieces of testatrix, on the grounds that, as a matter of fact, the testatrix lacked capacity when she executed the will, and, as a matter of law, the trust attempted to be established was invalid. The parties have agreed that these two questions, one of fact and one of law, are properly presented for determination by this court. In deciding the first we shall bear in mind that the testatrix was capable of making the will if she…