Christin v. Broderick

SPENCE, J.s

This is an appeal by contestants from a judgment of nonsuit entered at the conclusion of contestants’ case in a contest after probate of the will of the deceased. The question presented is whether the trial court erred in granting the nonsuit. The contestants’ case was based solely upon the theory that the deceased lacked testamentary capacity.

Charles W. Buthmann, deceased, was 63 years of age at the time of his death in August, 1939. He had married Caroline Buthmann in 1924. She became ill in 1932 and she died in 1935. In the latter part of 1936, the deceased made a trip east to…