McGreal v. Culhane

This is an appeal from a decree of the circuit court, probate department, sustaining the will of Daniel Barrett, deceased, which was executed on May 10, 1940, two weeks prior to his death. The sole question is whether the testator, at the time the will was executed, had sufficient mental capacity to make a will.

The will was probated in common form in June, 1940, and Thomas J. Barrett, a nephew of the testator, who is now one of the contestants and appellants herein, was appointed, pursuant to his petition, administrator of the estate. Barrett served as administrator for about one year until,…