Brooker v. Brooker

Hawkins, Justice.

A caveat was filed to the probate of the will in this case, on the grounds of lack of testamentary capacity to make the will, undue influence alleged to have been exercised by a son of the testator and others, and that the will was not properly executed. At the conclusion of the introduction of evidence, which consisted only of the testimony of the three attesting witnesses and of the propounder, who was called for the purpose of cross-examination by the caveators, the court directed a verdict for the propounder. A motion for new trial was duly made, which contained the usual…