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IN RE ESTATE OF LEA

No. 43981.

222 N.W.2d 92 (1974)

In re ESTATE of Herbert W. LEA, Decedent. WINONA NATIONAL AND SAVINGS BANK, Executor of the Estate of Herbert W. Lea, Deceased, proponent, Appellant, v. Frank A. SHEEHAN, Jr., contestant, Respondent.

Supreme Court of Minnesota.

September 20, 1974.

Attorney(s) appearing for the Case

Briggs & Morgan, Leonard J. Keyes, and John R. Kenefick, St. Paul, for appellant.

Peterson, Delano & Thompson, Winona, Gray, Plant, Mooty & Anderson, Robert L. Helland, and Richard A. Bowman, Minneapolis, for respondent.

Heard before KNUTSON, C.J., and KELLY, MacLAUGHLIN, and MULALLY, JJ., and considered and decided by the court en banc.

EDWARD D. MULALLY, Justice.*

This is an appeal from an order denying a new trial in a will contest. The trial court found that the testator did not have sufficient testamentary capacity to execute a valid will. We affirm.

Testator, Herbert W. Lea, was born in 1878 and died in 1969 at the age of 91. He lived all of his life in and about Winona, Minnesota. By order dated January 16, 1970, the probate court of Winona County admitted...

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