Shelley v. Chilton's Administrator

Opinion op the Court by

Judge Willis

Affirming.

In a contest of the will of J. E. Chilton, the jury returned a verdict in favor of the propounders. On this appeal by the contestants, it is insisted that the court erred in declining to submit to the jury the issue of undue influence as requested by the contestants, and that the contestants were prejudiced by an unfair argument addressed to the jury.

It was the duty of the court to submit the issue of undue influence, if there was any evidence of substance and relevant consequence tending to sustain that ground of contest. Mossbarger v.…