In re the Petition for Review of the Probate of the Last Will & Testament of Sharpley

Pennewill, C. J.,

delivering the opinion of the court:

The ground set out in the petition for review of the probate is as follows:

“Thatyourpetitionersaverthatthesaid Ellwood Frank Sharpley, at the time said paper writing alleged to be his last will and testament was made, was not of sound and disposing mind and memory and was mentally incapable *158of making a will, and that said alleged will thus admitted to probate is not his last will and testament, and that the said Ellwood P. Sharpley died intestate and without making any will whatsoever.”

The petitioners do not claim in their petition that…