Page:United States Reports, Volume 209.djvu/290

 OCTOBER TERM, 1907. 8ttemeat o/*m. Cm LIPPHARD v. HUMPHREY. ERROR TO AND APPEAL FROM THE COUIT OF APPEALS OF 'I'HE DISTRICT OF COLUMBIA. No. 1.   0, 19.--Dmded April , Inability to recl doe not ore,re a presumption that a testator does no know the eontenta of & p.pr declared by him to be his lu will aad duly executed as such. There is a prumption t the testator does know the contents of a will properly exeeutad, which, while not oonclnsive, mus prevail in the abenee of proof of frud, undue infiuenoe or want of testamentary capacity, evea wher testator's inability to ead ia proved. In the abecnce of proof of want of testamentary mpacit at the date of the w/il, declarations of t, he tastator u to the eonteta thereof re inadmim/ble to prove'lack of knowledge of suoh contenta. 28 App. D.C. 355, s/Szmed. LoEAm LxPPv, of the Dist,rict of Columbia, died Decem- ber 9, 1903, le,,ing a paper writing purporting to be her last will and testament, bearing date April 27, 1898, duly attested by{hree witnesses, and naming Rev. Mr. Meador a executor. Decdent left surviving her/m her next of kin and sole he/rs At law her husband, Adolph F. Lipphard, St.; three sous, named John, W'filiam A. and Adolph F. Lipphard, Jr.; two daughters, named Sophia' L. Hellen, born Lipphard, and Capitola L. An- derson, bern Lipphard; s/xteen grandchildren, four of whom were infants under the ,e of 21 years. All the other of her heirs and next of kin were of lawful Deesdent,'s property cons/steal of a small quantity of personal property valued at, $350 and some real. estate valued at $10,000. The husband, Adolph F. Lipphnrd, Sr., and tw9 of the sons, William A. and Adolph F. Lipplm,rd, Jr., filed & caveat to the probate of the wql. AU of the other next of kin and heirs at law became parties in one way or another. Before the issues were framed on the e,,ve,,t the Rev. Mr. Meador departed th/s Me. Thereupon deeedent's daughters, CApitola L. Anderson

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