Testator appointed nephew executor, left a life interest to testator’s sister, with a gift over to nephew and his sister. Two brothers of executor challenged validity of the will claiming will not duly executed, lack of capacity and undue influence. Nephew and sister applied for summary dismissal. The testators lawyer and physician testified as to her capacity and due execution. The testator was strong and independent.
Having reviewed the law regarding validity of a will, due execution, capacity, undue influence, (suspicion will not suffice). The court summarily dismissed the action and awarded special costs.