Batson v. Batson

The contest in chancery is of the probate of a will. The facts were submitted to a jury duly demanded. Code, §§ 10617, 10640; Wachter v. Davis, 215 Ala. 659, 111 So. 917; Ala. T. & N. Ry. Co. v. Aliceville Lumber Co., 199 Ala. 391, 402, 74 So. 441.

The grounds of contest were sufficient, and duly presented the issue of fact of decedent’s mental capacity — that testator was of unsound mind at the time of the execution of the will. Wear v. Wear, 200 Ala. 345, 76 So. 111; Barksdale v. Davis, 114 Ala. 623, 627, 22 So. 17. The issue of undue influence was eliminated by instruction of the court.

There…