Warmath v. Smith

This is a will contest which the Circuit Judge dismissed. This case presents a. question as to whether or not a person. who would take no part of the estate of a decedent in case of intestacy, is entitled to contest the will of such decedent upon the allegation in the petition to contest that he was a beneficiary under a prior will of the decedent which has been lost or destroyed and is not in existence.

The plaintiff instituted this contest charging that his deceased wife lacked mental capacity to make a will. The only property involved is a 15-acre tract of land owned by *259deceased. The…