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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