Goertner v. Gardiner

— This is a statutory proceeding to contest the Will of Francis Gardiner, a full statement of the facts out of which it grew will be found in Gardiner v. Goertner, 110 Fla. 377, 149 So. 186. The ground of attack is undue influence and lack of mental capacity to make a Will.

In the former appeal we held that there was insufficient showing of lack of mental capacity to- execute the Will, but we reversed the cause because the proof was not satisfactory as to undue influence.

On a retrial, undue influence being the sole issue, the probate judge found the legal evidence insufficient to warrant an…