In re Estate of LaRose

Appellants, plaintiffs below, appeal from an order .denying revocation of probate of the will of their father Cleophas LaRose. They had contended that the testator lacked testamentary capacity and was subjected to undue influence by the beneficiary with whom he had lived as man and wife for nineteen years.

The case was tried by County Judge George T. Clark, who died subsequent to hearing all the evidence but before a decision was made. The case was then submitted on the record to Judge Arthur W. Primm who denied revocation.

The evidence was conflicting, but Judge Primm found that there was…