Estate of Broad

After the death of Alfred F. Broad a document purporting to be his will was admitted to probate. Afterward his surviving widow filed a contest. At about the same time a surviving daughter filed a contest. The respondents did not demur, but filed answers. A jury was waived and both causes were tried together before the trial judge sitting without a' jury.

Immediately after the cause was called for trial the contestants started to make' an opening statement. They were interrupted by the respondents, who claimed that the pleadings were not clear, but were ambiguous. The trial court gave the contestants permission to amend and that the amended pleadings could be filed at a later date. Such pleadings were not filed. In their opening statement both of the contestants claimed that the testator was of unsound mind at the time he executed the document purporting to be his will. Later they introduced evidence to that effect. The trial court made findings of fact in favor of the respondents on that issue and other material issues. From the orders based thereon the surviving wife has appealed.

It is not claimed that she has not filed proper transcripts nor that her brief is not on file…