In re the Estate of Shumway

Wingate, S.

The chief basis of the contest in this proceeding, while by no means unprecedented, is sufficiently unusual as to furnish a welcome variation from the commonplace of objections to testamentary dispositions. The first stated grounds of contest are the customary ones — that the propounded instrument is not the last will of the testator and that it was procured by undue influence. To those is added an unusual one, to the effect that its provisions were the result of a mistake of fact on the part of the decedent, in that item “ Fourth ” of the will stated: “ As I have already advanced…