New v. Creamer

CLAY, Commissioner.

This is a will contest. The testator died at the age of 79, having executed a will one year prior thereto leaving an estate of approximately $8,500. He devised and bequeathed all of his property to his only son and left nothing to his only daughter. The jury found against the will, and the significant issue on this appeal is whether or not there was sufficient evidence of the lack of mental capacity to submit the question.

It was and is the contention of the contestant that the unnatural disposition made by the will, certain statements of the testator, some seemingly unusual…