Clarke v. Davis

The Surrogate. — John Clarke, of Ellinburgk, aged about 71 years, died ou September 11, 1862, leaving a will and codicil, which are now presented for probate. The will was made August 9, 1861, and, among other things, gave to Mrs. Brooks and Mary Davis, children of his daughter, Caroline Davis, $245 each; and to his daughter, Caroline Davis, an equal share with the rest of his children. The codicil was *250made July 23, 1862, and revoked the legacies made by the will to Caroline Davis and her daughter Mary.

The codicil is contested by Mrs. Davis, on the ground of the incapacity of the testator,…