Carmen v. Kight

The opinion of the court was delivered by

Johnston, C. J.:

This was an action by Charles G. Carmen to set aside a will made by his wife, without his knowledge or consent, which gave him the use of her property during his lifetime, or until a remarriage by him, after which it was to be equally divided among the defendants, the brothers and sisters of the testatrix. In his petition Carmen alleged that at the time of making the will his wife was sick and had not the mental capacity to make a disposition of her property by will, and also that her sister, Mrs. L. F. Eight, by reason of her close…