Hubbard v. Hubbard

By the Court,

Prim, J.:

The proceeding was originally commenced in the county court of Marion county, for the purposes of contesting the validity of the will of Joseph B. Hubbard, deceased. It is based on the ground of want of testamentary capacity in the testator, and also of undue influence exercised over him by his brother, Thomas H. Hubbard.

The following facts are developed by the pleadings and evidence produced at the trial: On March 8, 1877, Joseph B. Hubbard died in Marion county possessed of personal property of about the value of three thousand dollars. Mary Jane Hubbard is his widow,…