Kolb v. Chandler

LONG, Justice.

This is a will contest. Andrew J. Kolb instituted this suit against Emmette Chandler, Independent .Executor under the will of Pearle D. Newton, and Hendrick Memorial Hospital, sole beneficiary thereunder, to set aside the will and the probate thereof on the grounds that testatrix, did not possess testamentary. capacity and that same was executed under undue influence. The trial court submitted the cause to a jury upon the two following issues:

“Question No. 1: Do you find from a preponderance of the evidence that, at the time Mrs. Pearle D. Newton executed the instrument offered…