Estate of Frank

The appeal herein is from an order admitting to probate the last will and testament of Christopher H. Frank, deceased.

The decedent left a last will by which he bequeathed his estate to his five children. He named one of his daughters, Linnie Duncan, executrix. He expressly omitted any bequest to his wife, Eva L. Frank. The latter instituted a contest and opposition to the probate of the will on the grounds of the alleged unsoundness of mind and incompetency of the testator to execute a will, and undue influence alleged to have been exercised upon the testator by his children. The court found the testator to have been of sound and disposing mind and competent to make a will; that the will was his own voluntary act; and that no undue influence was exercised upon him. The court entered its order admitting the will to probate. The appeal is by the contestant.

The contentions on the appeal are that the burden rested on the proponent to prove that the testator at the time the will was executed was free from any undue influence; that the burden was not met; and that there was no proof that there was any estate upon which the will could operate. A sufficient answer to the last…