Smith v. Smith

Evelyn Smith, widow of decedent, Willie Dolphus Smith, filed his will for probate, whereupon, Harold Smith, half-brother of decedent, filed a contest which was transferred for trial to the circuit court. A trial by jury on the issues of testamentary capacity and undue influence was had. The jury returned a general verdict in favor of contestant, Harold Smith, upon which judgment was entered and from which this appeal is taken by Mrs. Smith. We reverse and remand.

Issue

The dispositive issue before us is whether the trial court erred to reversal by refusing to direct a verdict in favor of Mrs.…