Fortenberry v. Herrington

S. A. Wilkes died testate on November 20,1937, and his will was promptly probated in the common form. Later the appellee, Mrs. Cordia Wilkes Herrington, a daughter of decedent, filed her petition to contest the will, alleging that it was the product of (1) undue influence, and (2) of the mental incapacity of the decedent to execute a will. Mrs. Pearlie Wilkes Fortenberry, proponent of the will, a half-sister of the decedent, filed her answer, denying the material allegations of the petition. The issue devisavit vel non was made up, and the two issues were submitted on the evidence.

The court…