Convey v. Murphy

The instrument involved in the controversy is the purported will of Richard Murphy, who died on August 30, 1906. The will was executed during his last sickness, and not more than two hours before his death. It was duly probated on October 3d following, and administration of the estate was had thereunder. This *156proceeding was instituted in May, 1908. The petition alleges that the testator was without sufficient mental capacity to make a will at the time of its alleged execution, and an amendment to the petition filed during the trial alleges, that the will was procured by undue influence…