Kast v. Turley

The assignments of error pertaining to the charge as given relate, with one exception, to the subject of the execution of the will in compliance with the formalities prescribed by statute. The court was correct in stating that the first two reasons of appeal from probate raise the issue of testamentary capacity of the testatrix, and the remaining three present the question of undue influence. No issue of the execution of the will with the requisite legal formalities was expressly raised. It appears from the finding that evidence as to the formal execution was given by one of the witnesses to…