Bennett v. Dickerson

The opinion of the court was delivered by

Parker, J.:

In this action three daughters are contesting the probate of their father’s will. They were unsuccessful in both the probate and district courts and now bring their cause here for appellate review.

Except for the executor of the decedent’s estate all appellees are devisees and legatees under the will.

Questions involved in the appeal, as.stated by appellants, are: (1) Did Joseph Wittman have testamentary capacity to make the will in question; (2) was he unduly influenced to make his will; (3) was the purported will subscribed and attested as…