In re Estate of Dolbeer

Bertha M. Dolbeer died July 9, 1904, leaving a will dated April 23, 1904, which will was filed herein July 18, 1904, together with the petitions of George D. Gray and William G. Mugan, praying for its admission to probate, and the issuance to them of letters testamentary.

The will is as follows:

Thereafter, and on the second day of August, 1904, Adolph Schander, an uncle of decedent, filed herein his verified contest and opposition to the probate of said will, on the ground that at the time of its execution, and for a long time prior thereto, Bertha M. Dolbeer was not of sound or disposing mind and was not competent to make a will.

The case was tried before a jury on this issue (contestant having demanded a jury trial) and on December -22, 1904, after a hearing of twenty-six days, the jury returned a verdict for proponents.

Upon the jury being polled the verdict was found to be unanimous.

The instructions given the jury were as follows:

Following is a list of the jurors: (Mr. Lundstrom was excused on the 21st of November, 1904, the tenth day of the *249 hearing, owing to his illness, and the trial was continued and the verdict rendered by the remaining eleven jurors.) 1.…