145 N.W. 437 | S.D. | 1914
This -action involves the contest of the will of one Jane Hackett, who died October, 1911, 'having theretofore, on the 8th day of September, 1908, made w'hat purported to be her last will and testament. When this will was -offered for probate certain of 'her children and heirs and devisees under said will appeared and entered written objections, and contested the probate of said will upon the ground, among others, that at the time of the execution of said will said Jane Hackett was not of sound mind, and was- not -competent to malee a last will and testament.
The judgment appealed from is reversed, and the cause remanded for further proceedings in consonance herewith. This court, were it so empowered, would 'direct final judgment to be entered in favor of appellant.