In re the Probate of the Last Will & Testament of Stoll

Ketci-iam, S.-—

The decedent left him surviving his wife and the son of a former wife. His will is wholly in favor of the son and is contested by the widow upon the familiar allegations.

The jury has found, among other .things, that the testator was without testamentary capacity; and the proponent, the son, moves for a new trial upon grounds which were adversely disposed of on the argument, except that one assignment of error was reserved for the present discussion.

Proof was made by the contestant of declarations of the testator which both in express and topical form tended to show that he…