In re Proving the Last Will & Testament of Fahrenbach

Proponents appeal from a decree of the Sullivan County Surrogate’s Court, made after a trial by a jury, denying probate to decedent’s last will and testament dated June 17, 1938, upon the ground of lack of mental capacity. Testator, seventy-four or seventy-five years old, died on February 4, 1939, leaving thirteen nephews and nieces. He was born in Germany and came to this country when about five years old. The will, after directing the payment of debts, bequeathed $1,000 to a niece, Lena F. Pugh, and the remainder equally to his nephews, Walter C. and Russell A. Gillette. The estate…