Estate of Bishop

This is a contest of a will. The testator committed suicide April 26, 1932, leaving an holographic will dated February 15, 1932. The said will, in proper form, made gifts of small cash sums to his sisters, and left the balance of the estate to Mrs. Gertrude Dickson. A contest was instituted by the sisters, who alleged that the tes tator lacked testamentary capacity, and had executed the will as a result of fraud and undue influence. The case was tried before a jury and a verdict was entered in favor of the contestants on all the issues. The court thereupon entered' judgment denying probate. Prior motions on behalf of the proponent for directed verdict and judgment notwithstanding the verdict were denied, and a motion for a new trial was likewise denied. This appeal followed.

A good deal of evidence was offered on behalf of both sides, and it would serve no purpose to review it in detail. The contestants presented testimony which gave substantial support to their contention that the proponent, a spiritualist, together with her husband, also a spiritualist, succeeded in making the decedent a regular attendant at their seances; convinced him that he was in communication with the…