In Re Dougan's Estate

The issues are (1) did Nettie J. Dougan, who executed a will on November 28, 1933, possess sufficient testamentary capacity on or about August 10, 1934, to enable her to revoke it on that day as her son, Boy L. Williams, the respondent, alleges; (2) did she, on or about August 10, 1934, obliterate the will and declare it revoked; and, if so, (3) did she intend that the alleged revocation should be unconditional, or that it should be dependent upon her execution of a new will.

Nettie J. Dougan executed a will November 28, 1933, and died August 29, 1934, aged 68 years, leaving an estate…