McKague

This is an appeal by contestants from a judgment admitting to probate the will of the above-named deceased.

Pacts

The facts shown by the record are without substantial conflict. Herbert L. McKague was in the hospital. His doctors *371 advised surgery of a serious character. He asked to make his will and that Mrs. Bertha Hunter, in whose home he stayed, be called to take care of this. One of the nurses called Mrs. Hunter. Mrs. Hunter came to the hospital accompanied by Mrs. Ruby H. Weaver. The room in which McKague’s bed was located was a three-bed ward, about 16 by 20 feet in size. One other patient was in the ward, in the bed next to McKague’s. The usual bed curtain separated vision from between the two beds but did not extend across the foot of the bed.

From arrival to completion of will, Mrs. Weaver, Mrs. Hunter and McKague were in each other’s presence at all times. McKague requested Mrs. Hunter to write his will. At his dictation she did so. During part or possibly all of the dictation, Dwight 0. Birch, a hospital orderly, was attending the patient in the next bed and overheard the dictation. He realized that McKague was dictating a will. Exactly how much of the…