Smethurst v. Smethurst

An order was made admitting the will of Prank A. Smethurst to probate notwithstanding the verdict of the jury in favor of contestants who claimed that at the time the will was executed, the testator was insane. This appeal is from that order and the judgment based thereon.

The testator, Prank A. Smethurst, was unmarried, sixty-two years of age, and in infancy had suffered an injury resulting in a curvature of the spine, which had left him physically handicapped, and with increasing years morose, quarrelsome and more and more inclined to seek relief in an excessive use of intoxicating liquor. He died from the effects of strychnine taken with suicidal intent, some two months after the drafting of the will, which was executed on May 14, 1934.

The property affected by his will consisted of a cattle ranch of some four hundred acres upon which was situated a mining claim, money in the bank and, about eighty head of cattle. This property had been inherited from his father in 1929, but by his own efforts he had considerably increased its value during the years of his possession.

By his will he gave the ranch and cattle to his only surviving full brother, Charles W. Smethurst, the…