Van Delden v. Clark

This is an appeal from an order admitting to probate the will of Martha De Graaf. By this will, dated May 4, 1935, she devised her entire estate, consisting of a half interest in an eight-acre orange grove, to her brother Lambert De Graaf, who died before the death of the testatrix. His widow, now Katherine Clark, filed a petition for the probate of the will, which was contested by the remaining sisters and brother of the deceased.

At the time the will was drawn the testatrix lived on the orange grove with her father and her brother Lambert. Her mother was dead and her two married sisters and her other brother lived elsewhere. Her father was very sick at the time and he died on May 15, 1935. The testatrix had been committed to the Norwalk State Hospital on November 16, 1929, and had been “discharged as improved” on January 12, 1932. Her brother Lambert was appointed guardian of her estate on October 23, 1931, and this guardianship proceeding had not been terminated at the time the will was executed. The testatrix was admitted to the State Hospital at Patton on November 7, 1936, her trouble was diagnosed as dementia praeeox, and she continued insane until her death on February 20,…