In Re the Estate of Thomas

— This is a will contest. The purported last will of W. R. Thomas was admitted to probate ex parte, in common form, in the superior court for Kit-titas county, as provided by our statutes.

Wilburn Thomas, a son of the deceased, also named in the will as a devisee, timely filed in that court, in the probate proceeding, his petition alleging, in substance, that, at the time of the making of the will, the deceased was not mentally competent to make a will; and accordingly prayed that the will and the probate thereof be revoked and set aside. This petition was answered jointly by Philip Lawrence,…