Estate of Luckenbach

This appeal was taken by the contestants of the will of John Luckenbach, deceased, from a judgment of nonsuit entered against them in a contest instituted after the admission of said will to probate.

Contestants are two brothers and two sisters of the decedent. As grounds for revoking the probate of said will, which devised and bequeathed the testator’s entire estate to his wife, Lena Luckenbach, respondent herein, if she should survive him, and appointed her executrix, contestants alleged that the decedent was incompetent to make a will and of unsound mind. They further alleged, upon information and belief, that he did not know the contents of the will, that it was not executed in the manner required by law, and was fabricated and forged by altering a will of said decedent. In addition, it was alleged that the execution of the will was procured by the fraudulent promise of testator’s wife that if he would devise all his property to her she would, after Ms death, provide and care for all of his brothers and sisters according to their needs, which promise she made with intent to deceive and without any intention of performing it. The tenth and last ground of contest is designed to…