Fincher v. Baker

WRIGHT, Retired Appellate Judge.

The proponent of a will appeals a judgment on a jury verdict for the contestant. This appeal is before us pursuant to § 12-2-7(6), Code 1975.

Mary Will Fincher died in October 1994. Sue Fincher, the proponent, petitioned to have the will probated. John C. Baker, Jr., filed a contest, alleging that the will was invalid due to undue influence, lack of testamentary capacity, and fraud. The contest was transferred to the circuit court. A trial by jury ensued. After denying Sue Finch-er’s motion for a directed verdict, the trial court submitted the case to the jury.…