Royer's Estate

Peb Cubiam,

In this case appellant contends that when Annie S. Boyer, then aged 82 years, made her will on September 13, 1932, giving the residue of her estate to her son, John W. Boyer, she was under such duress and restraint emanating from him that the court below erred in not granting a precept to try the issue. Mrs. Boyer’s net estate was worth about $21,000. The residue, after certain pecuniary bequests, amounted to about $14,000.

This court has frequently declared the standard of proof which is required in cases of this character to justify the granting of a precept to determine the…