Slater v. Munroe

The instrument offered for probate was executed December 10, 1940, when the decedent was about sixty-six years of age. She committed suicide by drowning on October 21, 1941, ten months afterwards. In the instrument now offered she gave $1 to her only surviving sister, *130although in a former will executed in 1926 she had made her sisters then living equal beneficiaries. See Slater v. Munroe, 313 Mass. 538.

To support their contention that an issue should have been framed as to testamentary capacity at the time of execution of the instrument, the appellants principally rely upon expected evidence…