Atkinson v. Hansen

CROCKETT, Justice.

Probate' of the will of Henry Astill was rejected by the district court on the ground of lack of testamentary capacity. The proponents, brother-in-law, George Atkinson, and the latter’s wife, Annetta, appeal.

Mr. Astill was a retired railroad engineer. He had lived in Sparks, Nevada, until the death of his wife in 1954, when he went to live with the Atkinsons at the outskirts of Ogden, Utah. Shortly thereafter he bought a small house next door to them on which he paid $5,000 down, leaving a balance of something in excess of $10,000. Henry lived either there or with the…