Scott

This is an appeal from an order denying probate of a will in a contest tried before the court sitting without a jury.

The court made findings as follows: That when the will was made the testator was afflicted with senile dementia and was not competent to make a will; that the decedent was subject to irrational delusions and irrational fears with respect to his son and sole heir; and that the delusions and fears directly influenced the making and execution of the purported will. These findings are supported in the proof and therefore the order appealed from must be affirmed.

We state the evidence conformably to the rule governing reviews of factual findings. Decedent Richard N. Turpin died August 2, 1960, aged 83. He left a will dated May 27, 1960. Contestant Arthur R. Turpin, aged 60, was the only child of decedent who survived infancy. Petitioner Dixie Leona Scott was a niece of decedent, aged 70 years at the time of trial. The will specifically disinherited decedent’s son and willed his entire estate to appellant. Between decedent and appellant there had been no contact for over 50 years save for a few overnight visits a number of years prior to the making of the will. For…