Kirk v. Kirk

This suit involves the validity of an alleged last will and testament of C. W. Kirk dated March 16, 1946. Upon the trial on the issue of devisavit vel non the jury found against the will and the beneficiaries therein have appealed.

The principal contention of appellants is that the evidence was not sufficient to warrant the submission of the case to the jury or, at least, that the verdict is so contrary to the overwhelming weight of the evidence that the cause should be reversed and remanded for another trial. This contention necessitates a summary of the evidence.

A large number of witnesses…