Brackney v. Fogle

Suit by appellees to contest the will of Esther S. Davis upon the ground of mental unsoundness and undue execution. Judgment for the appellees, which, as .affirmatively shown by the record, rests upon the issue, of mental unsoundness.

In the progress of the.'trial the court permitted the following questions and’ answers of witnesses on behalf of appellees: “In your judgment, Mrs. Love, from what you have testified to as having observed about her when you were there with her, was she then of sound mind, and capable of transacting business,?” A. “I cannot say that she was of unsound mind. I…