McCormack v. Riley

OPINION

DROWOTA, Judge.

This is an appeal from a directed verdict upholding the will of Elvis C. Riley. At issue on appeal is the propriety of the directed verdict and of the order at trial excluding all evidence of unsoundness of mind except for the two year periods immediately preceding and following the time of execution of the will. We reverse on the evidentiary question and remand for a new trial.

The will in question was admitted to probate in common form. Appellants, the four daughters of the testator, initiated this action against the testator’s sons and the grandchildren of a deceased…