Rodgers v. Cheshire

STEINFELD, Judge.

Mary Frances Rodgers, niece of the decedent, and Mary’s husband sued to contest the instrument probated as the last will of Ora Cheser. They claim that the testatrix lacked the necssary mental capacity to make a will and that if she had testamentary capacity she acted under undue influence. The jury found “in favor of the defendants” whereupon the court “adjudged that the writing dated March 6, 1964, * * * is the last will and testament of Mrs. Ora Cheser, deceased.” The contestants have appealed. We affirm.

Mrs. Cheser who could neither read, write, count money, nor dial a…