Hammond v. McReady

CULLEN, Commissioner.

Mrs. Lelia Hammond, widow of Owen Hammond, brought an action to contest the will of her husband’s mother, Katie B. Hammond, on the ground of lack of mental capacity. Judgment was entered dismissing the complaint for failure to state a claim upon which relief could be granted. Lelia has appealed from the judgment.

Katie Hammond died in 1952, leaving a will in which she devised to her son Owen a life estate in certain lands, with remainder to others. Her will was filed with the county court clerk but was not offered for probate. In 1958 Owen died, leaving a will in which he…