Butt v. Murden

For an understanding of the sole issue presented in this case reference should be made to Smith and *12Murden, Executors v. Ottley, 144 Va. 406, 132 S. E. 512, in which, the will of Frederick M. Halstead was held null and void because of his mental incapacity. Smith and Murden (appellees here) were named as executors in the Halstead will, and it was admitted to probate by the clerk of the circuit court. From this order of the clerk an appeal was taken by the heirs at law and distributees to the Circuit Court of Norfolk county. The single issue raised (mental capacity) was submitted to a jury.…