In Re Niemschack's Estate

Peter Niemschack was a farmer living in Wayne county, Michigan. He died December 27, 1923, leaving a will in which he disposed of an estate valued at about $40,000. The beneficiaries were three sons, Joseph, Edward, and John, and three children of their deceased brother. The major, portion of the estate was left to Joseph, who presented the will for probate. It was contested by John and Edward on the ground of mental incompetency and undue influence. On the trial in the circuit court, mental incompetency was abandoned as an independent issue, and the case went to the jury on the question of…