In re the Estate of Jones

Evans, S.

The testator died September 14, 1935. He was survived by a son and two grandchildren the issue of a deceased son of testator. The grandchildren contest the validity of the instrument offered for probate as a will. It is alleged that the instrument was not properly executed and published. There is little or no dispute as to the facts.

The testator was about eighty years of age and there are no claims made that he lacked testamentary capacity or that the instrument is the product of undue influence. The instrument was prepared by a justice of the peace who resided near the testator. The…