Rathjens v. Merrill

This is an appeal from an order dismissing a will contest. A sufficient statement of the case will be found in the opinion of this court on a former appeal, where a judgment of nonsuit was reversed. Rathjens v. Merrill, 38 Wash. 422, 80 Pac. 754. The grounds of the contest were undue influence and want of testamentary capacity, resulting from intemperance and insanity. No claim of a general lack of testamentary capacity was advanced by the appellant at the trial. Indeed, her own conduct precluded her from advancing any such claim, inasmuch as the testator executed a will in her favor only…