Cummings v. Harris

This is an appeal growing out of a will contest. The facts necessary to our decision are undisputed. The proponent was a nephew of the testator and sole beneficiary under his will. The contestant filed certain objections, averring that he was a son of the testator. Proponent raised issue in probate court on contestant’s relationship to testator, and therefore on his right to contest. After hearing certain preliminary evidence on the execution of the will, further hearing was had on the sole issue of the contestant’s right to contest. Both sides put in evidence on this issue (none of which is…