Estate of Lenci

This is an appeal from the judgment annulling and revoking the probate of the will of Frank Lenci, deceased, and from the order denying defendants’ motion for a new trial. The contest was tried by a jury, which rendered a verdict upon both grounds in favor of the contestants, viz., that deceased was not of sound and disposing mind at the time of the execution of the will and that it was procured by undue influence.

The first contention of appellants is that the trial court erred in sustaining an objection to a question propounded to one of the subscribing witnesses to the will. The witness was asked, “In your opinion what was the condition of his mind at that time, sound or unsound?” The respondent objected and the court indicated that the foundation for the question had not been laid, whereupon appellant re-framed the question. The reframing of a question is, in effect, a withdrawal of the original question and no error may be successfully claimed thereon. In the case at bar, as reframed, the question was allowed. (Trans., p. 419, 11. 1-26.)

We are not prepared to rule that the admission of the army discharge and medical report attached thereto was properly admissible, but as…