McClanahan

Thomas M. McClanahan died June 26th, 1879. For many years prior to the 5th of December, 1876, he had lived with Catharine McClanahan without being married to her, and had by her four children—Samuel, Ellie, Jackson, and Lettie. On the 5tli of December, 1876, he married the said Catharine, and on the next day she died. On the 30th of December, 1876, Thomas M. McClanahan executed a document acknowledging each of said children as his own, and declaring them to be legitimate, and that his marriage with Catherine was consummated to make them so.

On the 26th of November, 1877, ho married the defendant and appellant Ellen McClanahan. September 21st, 1878, he made the will in controversy, by which one-half of his estate *309 was given to the defendant Ellen, and one-half to his two children Jackson, and Lettic. The defendant was nominated as executrix, and petitioned for the probate of the will. The daughter Ellie McClanahan, now Ellie Nelson, contested its probate, mainly upon the grounds that her father, at the time of executing the alleged will, was not of sound and disposing mind, and that he signed it under duress, menace, undue influence, and fraud. Issues were framed upon these…