Wagner v. Valley Nat. Bank

UDALL, Justice.

This is an appeal by a surviving wife, Alice R. Wagner, hereinafter called contestant, from a judgment admitting to probate the will of her late husband, Jesse O. Wagner, deceased, hereinafter called testator. Contest of the will was predicated upon the ground that testator “ * * * was not competent to make a Last Will and Testament because of insanity and unsoundness of mind. * * * ”

The legal question raised is whether there was a conflict in the evidence sufficient to allow the trial court, sitting without a jury, to reach the conclusion that testator was competent to make a…