Breeding v. Naler

GALLAGHER, Chief Justice.

This is an appeal from a judgment of the district court refusing to probate an instrument purporting to be the last will and testament of J. H. Norton, deceased. Appellant, M. B. Breeding, was named as executor in said will. He presented the same to the county court for probate. Ap-pellees, Mrs. Pearl J. Naler, a sister of the testator, ■ her husband and certain children of a deceased brother, contested the same on the ground of want of testamentary capacity on the part of the testator on June 20, 1934, the date on which said purported will was executed. From an order…