In re the Estate McKinney

The opinion of the court was delivered by

Kalisch, J.

The controversy in this case concerned the execution of a paper-writing purporting to be the last will and testament of Fredericka C. McKinney, deceased.

The respondent filed a caveat against the probate of the will. His attack upon it was, firstly j that the testatrix, at the time of its alleged execution, lacked testamentary capacity to make a will; secondly, that the will was the result of undue influence exercised by the beneficiaries named therein.

The Essex county orphans court decided that the testatrix lacked testamentary capacity and…