In re Estate of Ruffino

This is the contest of a will. The testator died suddenly, while traveling in the east, June 5, 1895. The proponent, with the exception of two trifling bequests, is the sole beneficiary and appellant. She claims to have been the wife of the testator; but this is denied by the contestants, who claim that the relation between her and the testator was illicit. The contest was tried with the aid of a jury, to whom several questions were propounded, and the verdict was approved by the court, and judgment therein entered for the contestants.

*309 The jury found as follows:

After finding facts showing that the will was wholly written and signed by the testator, and also its proper execution as a will duly witnessed, the verdict continues as follows:

In the contest it was charged: 1. At the time of the execution of the will deceased was of unsound mind; 2. Deceased had been habitually intemperate, and his reason thereby unseated; 3. The will was not properly executed; 4. The will was executed through the undue influence of proponent, and, under this head, is specified: (a) The proponent cohabited with the deceased for many years, but was not his wife; (b) While so. living with him, she…