Merchant v. Davies

EDGERTON, Chief Judge.

This appeal is from orders denying leave to amend, and dismissing, a petition or caveat to revoke the probate of a will. The will was probated in 1953, *348The testatrix’s son is incompetent and appellant has been appointed his committee. She filed the caveat soon after she was appointed. This was in 1955, about two years after the will was probated. It does not appear that the son was found incompetent before 1955.

The caveat alleged that the son was incompetent when the will was probated. The proposed amendment alleged that his incompetence was then “known or should have…