Hopkins v. Raihle

The first contention of the appellant is that the testator, at the time he executed his will on July 19, 1954, lacked testamentary capacity. To support this contention appellant introduced a large number of witnesses who testified as to various incidents concerning testator’s habits and characteristics. Much of the testimony was repetitious, the witnesses repeatedly stressing the change in gait and physical vigor of the testator in his later years and saying that he was not as keen as he used to be. Some of the occurrences testified to took place after the execution of the will and are…