Kennedy's Estate v. Richardson

McClendon, c. j.

Appeal by the proponent of the will of Isabella R. Kennedy, deceased, from a judgment of the district court upon a special issue verdict, sustaining a contest of the will on the ground, of want of testamentary capacity in the testatrix.

Testatrix executed two wills on the same day, referred to, respectively, as the Scotch and American wills. The former was admitted to probate in Scotland. The present proceeding was brought in the county court seeking probate of the American will, by which all of the property of the testatrix in the United States was devised to proponent in…