Estate of Supple

This is an appeal by Terence Hallinan, the intervener in a will contest, from a judgment on the pleadings.

John Smith, a grandnephew of the testator, filed a contest of the will of David Supple, [fn. 1] which theretofore had been admitted to probate. The will left a substantial portion of Supple's estate to various charities affiliated with the Roman Catholic Church. Smith attacked the will upon the grounds that it was improperly executed, that the testator was not of sound and disposing mind or memory at the time of its making, and that his signature thereto was obtained by fraud and undue influence.

Thereafter Terence Hallinan, an assignee of one-quarter of Smith's interest in the Supple estate, filed a "contest in intervention" which attacked the will on the grounds of fraud and undue influence only. The Hallinan pleading, which was identical with the fraud and undue influence counts of the Smith pleading, enumerated the various charities (including schools, missions and religious orders and societies) which were named in the will, and alleged that all of them were agents, agencies and divisions of the Roman Catholic Church. It was further alleged that the…