Estate of Johnson

This is an appeal from an order denying a petition for probate of the last will and testament of Charles Johnson, deceased. The appellant was the petitioner and was named in the will as an executor. The record on appeal is a clerk’s transcript and a printed transcript which prints the cleric’s transcript and also prints the bill of exceptions signed and approved by the judge. The notice of appeal and the appellant’s brief were duly served upon the attorney for C. K. Wakefield, special administrator of the estate of said deceased. No brief or argument in support of the order appealed from has been filed. Appellant states that he does not know why the petition was denied, but assumes that it was on account of the supposed insufficiency of the testimony of the subscribing witnesses in respect to either the sound mind of the testator or in respect to his request of the witnesses to act as subscribing witnesses.

.The witnesses to the will were F. J. Kitching and F. E. Wells. Both signed the will in the presence of the testator and of each other, subscribing to the usual statement reciting the details of the due execution of the will. The subscribing witness, Kitching, testified to all…