In Re Wright's Estate

60 P.2d 434 (1936)

Facts

Lorenzo B. Wright, died on May 2, 1933, at the age of sixty-nine years. Maud Wright Angell (P) is his daughter and the nearest of kin. He left no other children. Alma H. Angell is the husband of testator's daughter Maud. Two children constitute the issue of this marriage. Lorenzo's wife died in 1921. Lorenzo left an estate consisting of land, his former home, and some inconsequential personal property of unknown value. The petition for probate alleges that the total value of his estate does not exceed the sum of $ 10,000. His will devised to Charlotte Josephine Hindmarch (P), fifty years of age and whom he describes as his friend, his house located at 722 Nowita Place and all his personal 'belongings, monies, collateral, notes or anything of value'; he devised to his daughter, the house located on lot nine, at 724 Nowita Place, and to his granddaughter, Marjorie Jean Angell, his interest in an estate in Salt Lake City. He gave to his grandson, his son-in-law and several other persons, relatives or friends, one dollar each. The drawer of the will, a notary public and realtor, and the two subscribing witnesses testifying that they were of the opinion that the testator was of unsound mind. The witnesses based their opinions on mere trivialities o. The trial court agreed with them, and P appealed.