Estate of White

This is a contest of a will after probate. The contestant, Alice White, is the widow of the deceased. The eontestees are the three children of the deceased by a former marriage and the executor of the will. The grounds of contest are unsoundness of mind, undue influence exerted by the three children, and want of due execution. The proceeding was tried by the court sitting without a jury. The judgment denied revocation of probate of the will. The contestant appeals.

The will devised and bequeathed the estate, consisting of separate and community property, as follows: 1. Five hundred dollars to William Rhodes Hervey for the benefit of a Masonic lodge. 2. Half of the community property to contestant, “that being the part in which I understand that she has a present equal and existing interest.” 3. The residue, in equal shares, to the three children. The will declares that it was the intention of the testator to dispose of all his property, including his wife’s share thereof. It directed that he be buried next to his former wife. It will be noted that the will does not make any provision for Alice.

The court found the deceased was of sound and disposing mind at the time he executed…