Thomas v. Vaughan

This is an appeal from a decree refusing to admit the will of William Schmitz to probate. The will was admitted to probate in the county court, but upon appeal to the district court the will was denied probate. The executor named in the will and the guardian ad litem for two minor beneficiaries have appealed. For convenience, they will be referred to as the proponents.

William Schmitz died on July 19, 1963. He was survived by a daughter, Evelyn Vaughan, his only child and the contestant, and four grandchildren. His wife, Anna, had died in 1937.

In September 1947, the testator suffered a stroke…