Estate of Goldman

This is an appeal from a judgment rendered in pursuance of a verdict by a jury m a contest of the will of Abe Goldman, deceased. Contestant is the son of the testator.

The contest of the will as originally filed presented both the issue of undue influence in the making of the will and that of unsoundness of mind of the testator. On the hearing of the matter, by order of court, the former issue was withdrawn from the consideration of the jury, and by an amendment, contestant was permitted to modify the other issue from that of general incompetency to that of a fixed delusion on the part of the testator, which at the time of the execution of the will operated directly upon its provisions.

Special issues were submitted to the jury which included, first, the question as to whether at the time or times when the testator made his will and the codicil thereto he was suffering from a specific insane delusion which affected the making of such will and codicil, respectively, and except for which neither the will nor the codicil would have been made; and, secondly, whether at such time or times the testator was suffering from such a complete mental degeneration as to denote utter mental…