In Re Rupert's Estate

It is not claimed that W. C. Eupert lacked testamentary capacity or was subject to any improper influence on September 16, 1932, when he signed the will bearing that date. The beneficiary of that will is his nephew, Arthur A. Eupert, who was 39 years of age at the time of the trial—December, 1934. Dr. E. D. Schmidt, principal beneficiary of an alleged will signed July 19, 1934, contends that its execution revoked the will of September 16, 1932. Arthur A. Eu-pert, the nephew just mentioned, Charles Eupert, a brother of the decedent, residing in Chicago, and W. S. Nash, an attorney, who was…