McElhinney v. Kelly

NOBLE, Justice.

Contestant appeals from a judgment in an original proceeding in the district court admitting a will to probate. Three questions are presented. (1) Was the will attested as required by statute, (2) is there substantial evidence to support a finding of testamentary capacity, and (3) should probate of the will be denied because of undue influence.

George F. McElhinney, the testator, was a man 72 years of age who, at the time of execution of the will offered for probate, was a patient at the Veteran’s Hospital in Albuquerque suffering from lung cancer of which he died January 17,…