In Re Estate of Millar

The opinion of the court was delivered by

Schroeder, J.:

This is an action in which the heirs are attacking, the validity of a will on the ground that the testatrix was mentally incompetent , to make a will and the codicils thereto. Appeal has been duly perfected from an order of the district court upholding the admission of the will to probate and from an order overruling the appellants’ motion for a new trial.

The question presented is whether the appellants were denied a fair trial, either by the exclusion of evidence or by rejecting the testimony of a psychiatrist in finding against the…