Bartlett v. McKay

The plaintiff having proved the due execution of the will by a testatrix whose competency is not questioned was entitled to a decree establishing the will unless evidence was offered from which some fact invalidating the will as matter of law could reasonably be found. Albee v. Osgood, 79 N. H. 89, 93.. The will was executed January 3, 1913, neatly eight years before the testatrix’s death, August 22, 1921. Her competency to make a will is not attacked. The evidence tends to show strength rather than weakness of mind. The issue of fraud was taken from the jury without exception. The executrix…