Middleton v. Middleton's

MILLIKEN, Chief Justice.

The appellant, Verda Middleton, seeks to set aside the probate of the will of her ex-husband, James Middleton, and seeks to have a later will, which left his entire estate to her, probated in lieu thereof. Probate of the later will was refused on the ground that the eighty-six year old testator did not have sufficient mental capacity to make a will at the time he executed it, and the refusal was affirmed by the Circuit Court sitting without a jury. The appellees are the children or grandchildren of the testator and are the sole beneficiaries of the earlier, or…