Powell v. Thigpen

Nichols, Justice.

This appeal arises from a judgment directing a verdict for the propounders of a will. The testator, a bachelor, executed the will in 1966 when he was 77 years old. He left all his property to one sister, thereby excluding his only other sister, the caveatrix. The caveat was based on these grounds, undue influence, lack of mental capacity and monomania. On the trial, the propounders proved a prima facie case and the burden of going forward with the evidence shifted to the caveatrix. Each enumeration of error raises the same basic issue, to wit: Did the evidence present a…