In re the Probate of the Will of Fraize

Joseph W. Cribb, S.

In this proceeding two nephews of the decedent petitioned for the probate of a will dated January 11, 1957, and for their appointment as executors thereof. Thereafter, objections to the probate were filed by deceased’s wife on the ground that Christopher M. Fraize, the testator, was not of sound mind or memory on the date of the execution of said will.

Proponents thereupon introduced in evidence a separation agreement dated January 11, 1957, the same day as the date of the will, and said separation agreement provides for a division of the property of the respective parties…