Estate of Guilbert

This was a contest of the will of Lucien E. Guilbert, deceased, brought by his nephew and devisee under his will. The sole ground of contest was that at the time of thg making of his will said deceased was of unsound mind and not capable of making a testamentary disposition of his property. The issue was properly framed by the pleadings and was submitted to the jury in the form of this question: “Was Lucien E. Guilbert, on January 16, 1919, at the time he executed the document claimed to be the last will and testament of sound mind Í ’1 The jury answered the question in the affirmative, and thereupon findings of fact and conclusions of law were made and filed by the judge of the superior court and said will was admitted to probate and respondents were appointed executrices thereof. The appeal 1s from said judgment and order admitting. said will to

probate. In the opening brief of appellant several reasons are urged for a reversal of the judgment, but in his closing brief he seems to have abandoned all these points and, for the first time, urges that the court committed prejudicial errof in giving certain instructions to the jury. As this was a new point, advanced for the first…