Smethurst v. Smethurst

THE COURT.

An order was made admitting the will of Prank A. Smethurst to probate notwithstanding the verdict of the jury in favor of contestants who claimed that at the time the will was executed, the testator was insane. This appeal is from that order and the judgment based thereon.

The testator, Prank A. Smethurst, was unmarried, sixty-two years of age, and in infancy had suffered an injury resulting in a curvature of the spine, which had left him physically handicapped, and with increasing years morose, quarrelsome and more and more inclined to seek relief in an excessive use of intoxicating…