Estate of McDonald

James A. McDonald died September 12, 1920, leaving a purported will dated August 20, 1920, which was duly admitted to probate. By it he bequeathed and devised the bulk of his property in varying amounts to his half-brothers, Dan C. Mulock and Will C. Mulock, and to his nephew, niece, and sister-in-law, Bert IT. McDonald, Florence McDonald Fitzpatrick, and Lillie H. McDonald. The latter are the son, daughter, and wife, respectively, of decedent’s brother, H. D. McDonald, to whom decedent left nothing. Bert IT. McDonald and Will C. Mulock were named executors of the will. On December 20, 1920, H. D. McDonald instituted this proceeding to set aside the probate. The grounds of his contest were alleged unsoundness of mind of the decedent, undue influence, and fraud exerted' by Bert IT. McDonald and others upon decedent which caused him to execute the will in question. Bert H. McDonald, Florence McDonald Fitzpatrick, and Lillie H. McDonald filed an answer to the petition in which they denied these allegations. Upon the trial the jury returned a special verdict in favor of contestant upon each issue save that of fraud, which Was not submitted to them. From judgment rendered thereon…