Usher v. Gwynn

BARROW, Justice.

This is a will contest in which Mrs. Ruth Lawton Gwynn and Mrs. Fred J. Ashley, as proponents, offered a holographic instrument, dated August 7, 1961, for probate as the last will and testament of Howard S. Cunningham. Kate Howard Usher, niece of testator, contested the instrument on the grounds of want of testamentary capacity and undue influence allegedly exercised on testator by proponents.

The case was tried before a jury and all issues, except that of revocation, were answered favorably to proponents. 1 The trial court sustained proponents’ motion to disregard the jury…