Davault v. Parks

This appeal involves the sole question of whether the circuit court of Washington County erred in refusing to submit the issue to the jury of whether appellee, J. C. Parks, used undue influence upon Mrs. Sophie Maddox in procuring her to make the kind of will she did, which was probated as her last will and testament.

The will was attacked by her collateral heirs on two grounds, mental incapacity and undue influence.

The court submitted the issue of incapacity to the jury, and refused to submit the issue of undue influence to them because, in his opinion, there was no substantial evidence…