Roth v. Stauble

CAMMACK, Judge.

The appellants, seven in number, instituted this action to contest a will, executed by Rose S. Maher on April 26, 1955. Nell A. Stauble, a niece of Mrs. Maher’s, and the sole beneficiary under the 1955 will, was made a party defendant individually and as executrix. The other defendants were heirs at law of Mrs. Maher. The grounds of the contest were lack of testamentary capacity and undue influence. The appellants asserted that they were beneficiaries under a will executed by Mrs, Maher on June 12, 1952, which was in fact her “last will.”

Mrs. Maher made 28 bequests in the 1952…