Levenseller v. Smith

This appeal involves a contest of the will of Mrs. Annie S. Evans, deceased. She died October 2, 1935, at the age of 77 years. The immediate cause of death was pneumonia, but she was then suffering from senile dementia. Her husband’s death occurred on December 18, 1934. The will in suit bears date January 29, 1935; and it was proposed for probate by Aubrey Levenseller, one of the beneficiaries. It was sustained after contest in the probate court and upon appeal to the circuit court with trial by jury it was again upheld. It is contested on the grounds that it was not legally executed and that…