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In the matter of the last will and testament of MORRIS ERNST TRIEBE,deceased.

1. The right of testamentary disposition may be exercised by a person of very moderate mental capacity. If he is capable of recollecting of what his property consists and who, either in consequence of ties of blood or friendship, should be the objects of his bounty, and has a mind sufficiently sound to enable him to know and to understand what disposition he wants to make of his property after his death, he is competent to make a valid will.

2. The presumption of law is in favor of testamentary capacity and the burden of proof to show that the testator had not such capacity is on those who attack the will.

3. Testator, by codicil, expressly ratified every clause of his will, except that he took $500 from the residue for a special bequest. This was in effect a republication of the whole will, except so far as altered.

PER CURIAM.

The decree under review will be affirmed, for the reasons stated in the conclusions of Vice-Ordinary Fielder.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 14.

For reversal — None.

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IN RE TRIEBE
(Sep 27, 1933)