Warren v. Hartnett

ROBERTSON, Justice.

Everett C. Warren, Jr. and other heirs at law moved to set aside the probate of the holographic will of Callie Lastor, deceased. At the close of contestants’ evidence, the trial court directed a verdict for the proponents. Contestants allege two points of error on this appeal. First, they argue that the alleged will was a contingent will which was precluded from taking effect by the non-occurrence of the contingency. Alternatively, they argue that sufficient evidence was introduced to support the submission of an issue on lack of testamentary capacity to the jury. We…