Frye v. Gibbs & Reynolds

— This proceeding was instituted by appellant to contest the will of Henry V. Frye. It was tried without a jury and resulted in a decision that the will was valid.

The complaint, as amended, alleged in paragraph one the undue execution of the will in that the signature was forged. In the second paragraph it averred “the alleged will was purposely executed under duress and was obtained by fraud.” We will assume the latter is sufficient to attack the will for fraud.

The only two assigned errors discussed are that the trial court sustained a motion for a finding for appellees on the *75second…