Hanrahan v. O'Toole

Weaver, J.—

The contestants, who are children of the deceased, contest the admission of his will to probate on the *231ground that said testator was mentally incompetent to make a valid disposition of his property, and that the instrument was procured by fraud, duress, and undue influence exercised by W. F. Hanrahan, the executor named therein, and by his wife and children. Other grounds are alleged, but those we have named are alone material for our consideration.

i. wills: mental capacity: evidence. I. At the close of the evidence, the trial court withdrew from the jury the issue of fraud and…