Johnson v. Johnson

BARNS, Circuit Judge:

On December 18, 1944 the will of William M. Johnson was probated and on January 11, 1945, Barbara Joyce Johnson and William M. Johnson, Jr., daughter and son by the deceased’s first marriage, petitioned the court to revoke the probate of the will upon the grounds (1) that at the time of the execution of the will William M. Johnson was not of testamentary capacity and (2) that the execution of the will was the result of undue influence.

Section 732.30, Florida Statutes 1941, F.S.A., prescribes:

“ . . . The petition shall set forth . . . the facts constituting the grounds…