In re the Estate of Mortensen

Wingate, S.

The present contested probate affords a welcome variation from the usual routine aspect of such a proceeding. The objections to probate are three in number, and attack the factum of the will, assert that it was secured by fraud and undue influence, and, finally, maintain that if duly and validly executed, it was impliedly revoked by virtue of certain transactions which occurred subsequent to its execution.

The sole contestants are an unrelated legatee under a prior will and the executor named therein. The testimony of a majority of the witnesses produced by the opposing parties…