Stender v. Cunningham

Royal T. Stender, plaintiff in error, petitioned the county court of Larimer county for probate of an alleged lost will of his sister Dorothea Cunningham, deceased. A caveat was filed by C. J. Cunningham, administrator of the estate, raising questions as to whether or not said will was the last will and testament of deceased, and also questions as to her testamentary capacity, and of undue influence. We shall hereinafter refer to the parties as proponent and respondent.

The record before us does not disclose the judgment of the county court, but on appeal and trial in the district court a…