Estate of Stuart

GOODELL, J., and DOOLING, J.

We concur in the affirmance of the order but not in the sweeping conclusion, which is unnecessary to the decision in this case, that a mutual will by which a wife agrees to subject her separate property to its, dispositive provisions goes into the probate court burdened with a presumption that the husband has overreached the wife. Nor is it necessary to find that there was any fraud practiced by the decedent.

There is ample evidence, as pointed out in the main opinion, from which the probate court could properly conclude that the decedent and his wife were laboring…