Matter of Estate of MacKaben

OPINION

HATHAWAY, Chief Judge.

This is an appeal from orders refusing to admit to probate the purported self-proved will of Bertha Viola Mackaben, dated October 1, 1975, or to grant proponent a new trial. We affirm.

Bertha Viola Mackaben died on May 16, 1979. John P. Sullivan, named in her will as personal representative, offered the document for probate. Eugene Mackaben, decedent’s son, filed a contest, alleging undue influence and lack of testamentary capacity.

The contestant was permitted at trial, over objection, to amend his pleadings to introduce the issue that the will had not been…