Hamilton v. Hamilton

We are concerned here indirectly, at least, with two separate and distinct causes of action.

First, the petitioner, Cleo Mason Hamilton, surviving wife of W. B. Hamilton and principal beneficiary of his last will, offered the will for probate. Norman Hamilton, the respondent and son of W. B. Hamilton by a previous marriage, contested the application on the ground of mental incapacity and undue influence, and apealed to the district court from an order admitting the will to probate.

Second, Norman Hamilton filed suit in the district court against Cleo Hamilton, individually and as independent…