Bird v. Mason

OPINION

By the Court,

Badt, C. J.:

This is an appeal from an order admitting to probate a document dated January 11, 1960, as the last will of the above-named decedent. Although the written opposition to the probate of such will alleged that it was a forgery, that it was not executed as required by statute, that the decedent was not of sound mind, that his signature was procured by fraud and undue influence and that he acted under duress, appellants assert that the sole theory advanced by their opposition was that the will was a forgery — that it was typewritten by the proponent, respondent…