Both v. Nelson

After a jury trial in the circuit court of Cook County the purported will of Sophia Both, deceased, was set aside on grounds of undue influence and mental incapacity. The decree was affirmed by the Appellate Court, (Both v. Nelson, 46 Ill. App. 2d 69), and we have granted the defendant’s petition for leave to appeal. He contends, inter alia, that prejudicial error was committed in refusing to admit certain evidence and in denying certain tendered instructions. We agree.

The testatrix, a married woman 78 years of age, executed the instrument in question on October 16, 1957. By its terms she…