In Re Hardy's Estate

MR. JUSTICE CASTLES:

This is an appeal from an order granting a new trial on the issues of lack of testamentary capacity and undue influence affecting the validity of the will of Frank E. Hardy, deceased.

The will of Frank E. Hardy was admitted to probate on December 10, 1952, by order of the district court of Richland County. Charles J. Hardy, deceased at the time of trial in the instant ease, was the applicant for probate of the will. Charles J. Hardy, together with one of the two subscribing witnesses, one Charles Flynn, both testified at the hearing on December 10, 1952, that the will was…