Kleinschmidt v. MATTHIEU

The question posed is whether an action for libel lies against the estate of a testator whose will contains words libelous per se. The challenged language is:

“To my grandson, Harrison Mercer Kleinschmidt, I give and bequeath the sum of ten Dollars ($10.00). I have already given my said grandson the sum of One Thousand Dollars ($1,000.00) which he squandered. This provision is no different than that I have made for my said grandson in preceding wills over a number of years and expresses the regard in which I hold my said grandson, who deserted his mother and myself by taking sides against me…