Rudersdorf v. Bowers

CODY, Justice.

This is a will contest. At this time the sole ground urged for setting aside the probate of the will is that the testator was without testamentary capacity. Only two assignments of error are urged: First, that the court erroneously instructed a verdict in favor of proponents; second, that’ the court erroneously sustained proponents’ objection to the hypothetical question of contestants to their witness Dr. Stafford. Contestants are here plaintiffs in error, and proponents are defendants in error.

The testator, Earnest Seaburn, was a bachelor, 78 years old at the time of his…