Peace v. Peace

This cause is here on appeal from the judgment of the district court of Osage county, admitting to probate the last will and testament of Paul Peace, an adult restricted Osage Indian. The trial in the district court was de novo on appeal from the comity court. For convenience the parties will be referred to as proponents, contestant, and testator.

The contestant, wbo was tbe wife of the testator, presents nine assignments of error under four contentions, which we will consider separately.

The. first and principal contention is that the testator did not have testamentary capacity to execute the…