Durant v. Whitcher

The opinion of the court was delivered by

Mason, J.:

In June, 1906’ T. J. Durant executed a will giving half his property to his wife, making specific devises to her and to a brother of a former Avife, and leaving the residue to his nephew and to nieces and nephews of his former wife. He died in February, 1909, being then 79 years of age. He left no children. His widow brought an action to set aside the will' on the ground of want of testamentary capacity and fraud. Judgment was rendered for the defendants, and she appeals.

Complaint is made of the rejection of evidence that the testator’s…