Brown v. Mitchell

BROWN, Associate Justice.

The following questions are certified in this case:

“ 1. Where the issue is not one of undue influence, but solely of mental capacity, whether the party asserting that the deceased had sufficient mental capacity to make the will may be permitted to show that within a reasonable time before the execution of the will, and while the testatrix was of sound mind, a will of identical import had been prepared at her instance, and according to her directions; and this in a case where the preparation of the last will was made at the instance of the husband claiming under it,…