Vece v. De Biase

The controversy at bar arose out of a proceeding to contest the will of John Mackenzie brought by Marion Yece, a niece of the deceased. The action which was brought against Carl De Biase, Executor, and Homer A. Nixon and Mary E. Nixon, the principal beneficiaries, was based on allegations that the will of the decedent was invalid, due to the testator’s mental incapacity and the undue influence and fraud which bad been exerted by tbe principal beneficiaries. After tbe matter was set for bearing tbe contestant filed a petition to enforce an oral agreement to settle tbe case wbicb sbe alleged…