McFadyen

This is a contest of the will of Anna Tyler, deceased, instituted by certain of her heirs. The court her low held the will good, and the contestants appeal.

The appellants make no contention that the testatrix at the time the will was made was of unsound mind, or under undue-influence; or that she did not knowingly sign it; or that it does not clearly express her evident intentions as to the disposition of her property; or that the will is not properly attested; or that on its face it does not comply with all the statutory provisions touching the making of wills. The sole contention of appellants is that the execution of the will was not sufficiently proven. And as to this point appellants did not themselves introduce any evidence to show that the will was not duly executed; they rely entirely upon the asserted insufficiency of the evidence of respondent. Indeed, the appellants offered no evidence at all on any material issue in the contest; they rest solely upon the proposition that the respondent did not prove enough.

The closing part of the will is all that need be quoted here, and it is as follows:

The objections made by appellants to the sufficiency of the evidence are…