Whitehead v. Malcom

1. One ground of the motion for new trial alleges that the judge erred in charging the jury: “The written instrument executed by the deceased, B. 0. Langford, is not a will but is a deed, and a deed is "¿.contract. The law ordinarily requires more strength of mind, more *56intellect, to make a contract than to make a will. A man may be unable to transact business or lack the mental capacity to contract, and still have sufficient capacity to make a will.” This part of the charge was alleged in the motion for new trial to be erroneous, because “it unduly emphasized the amount of mental capacity to…