In Re Nielsen's Estate

Anna Nielsen died January 9, 1936. On January 14, 1936, a will, executed May 19, 1928, was presented for probate by Alma Schulte, the person named as executrix. Testimony of only one of the subscribing witnesses to the will was given with respect to the execution of the will.

It does not affirmatively appear in the record that any evidence was given with respect to the authenticity of the signature of the other witness, as provided by Rem. Rev. Stat., § 1382 [P. C. § 10051]. But independent proof was made of the authenticity of the signature of the testatrix and of her mental capacity at the…