Flanigon v. Smith

Appellant, Arista Flanigon, filed his bill in the circuit court of McLean county against appellees to contest the will of Marion O. Flanigon on the ground of the mental incapacity of the testator and on the ground that J. Elmer Smith and Clara O'Leary used undue influence in securing its execution. Upon issue being joined there was a trial by jury. At the close of the evidence the court directed a verdict in favor of appellees, and an appeal was prosecuted to this court.

As grounds for reversal it is urged that the court improperly directed a verdict for appellees, improperly withdrew from the…