Turner v. Holbrook

1. A petition was brought by one claiming to be the only heir at law of the grantor in two deeds conveying certain realty. One of the prayers of the petition was for the cancellation of the instru*604ments because of alleged mental incapacity of the grantor to execute them, and of fraud in procuring their execution. It appeared from the petition that a paper purporting to be the last will of the grantor, bearing a date subsequent to the dates of the deeds, and devising to the grantees in the deeds the same property conveyed thereby, had been probated in common form in the court of ordinary of the…