Adams v. Simpson

[909]

CONKLING, J.

action sought to set aside the last will of Ellsworth W. Salmon, deceased, on the ground of testa•mentary incapacity. At the close of all the e-vidence the trial court sustained proponents’ motion for a directed verdict that the writing in evidence was the will'of the deceased. The contestants appealed. For reasons hereinafter stated, upon the record here we sustain the trial court’s ruling and affirm its judgment.

Testator, 81 years of age, had farmed in Worth County and there fed and marketed stock most of his adult life. In later years he rented his farm and moved to Grant…