Collett v. Frederiksen

With due consideration and respect for the supplemental opinion adopted by the majority, I am unable to concur therein because I believe the majority have unintentionally *918misconceived the issue determinative of testamentary capacity in this case. As a consequence I believe this is a case where a dissent is of some value.

The following, labeled interrogatory, was propounded to the jury: “Do you find from a preponderance of the evidence that at the time of executing his last will and testament, Exhibit No. 1, and at the time of executing the Codicil thereto, Exhibit No. 2, and at the time of…