In Re Mikelson's Estate

In this proceeding, a sister of the testator seeks to set aside an order admitting his will to probate, on the grounds of lack of testamentary capacity, and undue influence exerted by his stepson. The trial court entered findings of fact sustaining the will, and dismissed her action. She appeals, and challenges these findings.

No useful purpose would be served by more than a brief statement of the evidence. It shows that the testator was sixty-five years of age and in fair health, when he suffered a coronary occlusion. This attack occurred early in the evening, and he was taken to a hospital…