Succession of Buvens v. Buvens

SAVOY, Judge.

This suit involves a contest of an olo-graphic will executed by Gertrude Buvens, deceased. The litigants herein are collateral heirs of decedent who was never married. The will is dated April 17, 1963.

After a trial on the merits, the district judge declared the will valid. The unsuccessful parties appealed.

The attack is made on said will by appellants who contend that at the time of the execution of the will the executrix was incapable of making a will for the following reasons: (1) that she never did develop mentally and had the mind of a ten or twelve year old child; (2) that…