In Re: Estate of Annie J. Dible

Opinion by

Baldrige, J.,

This is an appeal by Harry Yance, a first cousin of the decedent, from an order of the court below refusing to grant an issue devisavit vel non to determine the decedent’s testamentary capacity and whether undue influence at the time of the execution of the will was exercised by Emerson Hazlett, Esq., her legal adviser, and Louisei Sefton, her nurse, both strangers to the blood.

Annie J. Dible died on December 13, 1931. On June 22, 1931, she executed a will, by her mark, prepared by, and in the presence of, Emerson Hazlett, Esq., and witnessed by R. B. Wilson and G.…