In re Probate of a Paper Purporting To Be the Last Will & Testament of McCabe

Fowler, S.

The grandson of the testatrix, omitted from the paper writing offered for probate as the last will of his grandmother, contests such probate on the usual grounds. The will in question is in favor of an adult son and daughter of testatrix, but charged with their support of an incompetent son of the testatrix. The estate is not large.

The allegation of undue influence has not been sustained. It is not sufficient to rely on the relations of testatrix to the *493beneficiaries of the will. Undue influence cannot be assumed to exist by reason of mere opportunity to exert the same, but such…