Estate of Brooks

The deceased and Beid, the principal legatee, were partners in business in this city, and very close friends for many years up to the death of Brooks. Beid had the principal management of the business, Brooks doing very little of late years except attending auction sales and making purchases for the business. Brooks had for many years been addicted to the excessive use of intoxicating liquors, so much so as to give anxiety to his friends, who took steps to induce a reformation. For ten months prior to September, 1876, he had entirely abstained, but during September and to the date of the will he had returned to his habits. Previous to making the will he sent for his attorney, but as the attorney was absent he sent for Mr. Connor, who had office with the attorney, and who, at Brooks’ request, prepared the will according to Brooks’ directions. Connor *142 and Andrus witnessed the will, which was formally executed in all respects as required by law. • At the time of executing the will Brooks was of sound and disposing mind, no undue influence was exercised, and it was his own free act. After the will was executed, and within two days, Brooks said to Eeid that he would thereafter tell…