Gilkey v. Allen

MOORE, Justice.

This is a suit to set aside the probate of a will. Plaintiff, Cecil Allen, the son of the decedent David Allen by a former marriage, instituted suit against defendant, Margaret Gilkey, sole legatee under the will, seeking to set aside the order admitting the will to probate and the appointment of defendant as independent executrix of the estate. As grounds for a cause of action, plaintiff alleged undue influence and lack of testamentary capacity on the part of the decedent. Plaintiff further alleged that the will did not reflect the intentions of the decedent with regard to the…