In re Estate of Millar

The opinion of the court was delivered by This is an action in which the heirs are attacking the validity
of a will on the ground that the testatrix was mentally
incompetent to make a will and the codicils thereto. Appeal has
been duly perfected from an order of the district court upholding
the admission of the will to probate and from an order overruling
the appellants' motion for a new trial. The question presented is whether the appellants were denied a
fair trial, either, by the exclusion of evidence or by rejecting
the testimony of a psychiatrist in finding against the
appellants, which they contend was by reason of prejudicial
personal beliefs and feelings of the trial judge and contrary to
reliable scientific evidence.