McNutt v. Gercke

UDALL, Superior Judge.

Catherine Hesse at her death on March 20, 1941, at the age of 76 years, left a will bearing date of April 25, 1939>, and a codicil dated October 30, 1940. The codicil merely changed the amount of one specific bequest. These two documents were admitted to probate as her last will and testament on April 15, 1941. Shortly before a year expired Elizabeth McNutt, one of two sisters of decedent, instituted a contest alleging undue influence by persons unknown, and incapacity to make a will.

Upon plaintiff’s (parties will be referred to as they were in the trial court) demand…