Estate of Fuller

This is an appeal from a judgment of the probate court admitting to probate an holographic will of Harriet N. Fuller, dated April 7, 1927, and denying probate of a mutual will executed by the deceased and her predeceased husband in July, 1926. The appellants are the contestants of the holographic will and the proponents of the mutual will. The grounds of the contest were that the execution of the holographic will was procured through fraud and duress and that it did not dispose of any property of the deceased. For these reasons it was contended that the holographic will did not revoke or modify the mutual will and therefore the contestants as proponents of the latter will were entitled to its admission to probate. The respondent Frances R. Nelle, at the age of two years, was legally adopted by Clifford A. and Harriet N. Fuller, who had no children of their own. She was reared and treated as their natural child, living continually with her foster parents until some time after her marriage. In November, 1926, Mr. Fuller died at the age of about 90 years and thereafter Mrs. Fuller lived the greater part of the time at the home of this respondent until her death in January, 1931. Some…