Ismert-Hincke Milling Co. v. Estate of Ismert

The opinion of the court was delivered by

Btjkch, J.:

A petition for rehearing challenges the court’s decision that if when Theodore Ismert signed the note in controversy he understood that execution related to a subject then brought to his comprehension, the gravity of which he had considered and concerning which he had formed his will, the legal standard of competency-capacity to understand the nature of the act and grasp its purport and significance — was satisfied. It is asserted the decision is contrary to the statute of this state relating to execution of wills and contrary to the…