Wilson v. Toy

The opinion of the court was delivered by

Harvey, J.:

This was a proceeding to have admitted to probate an instrument purporting to be the last will and testament of Susan A. Casida, deceased, opposed by her heirs at law. The probate court admitted the instrument to probate. The heirs appealed to the dis*74trict court, where there was an extended hearing. The district court held the instrument to be void as the will of the decedent upon the ground of her lack of testamentary capacity, undue influence of the principal beneficiaries, and the lack of independent advice. The proponents of the will…