White v. Smith

TIREY, Justice.

This cause involves the contest of the last will and testament of Daisy M. Gill. Her will was admitted to probate by the County Court of Chambers County. Contestants seasonably perfected their appeal to the District Court. At the conclusion of the testimony the trial court overruled proponent’s motion for an instructed verdict and submitted the case to the jury on two issues, as follows:

“(1) Do you find from a preponderance of the evidence, that at the time Daisy Gill executed the purported will, which has been offered in evidence for probate on this trial as her last will and…