Brooks v. Everett

MERRILL, Justice.

Appeal from a verdict and judgment in favor of the contestant, Alma Everett, a daughter of the testator, in a will contest.

Appellant, Ruby E. Brooks, the widow of the testator, Calvin E. Brooks, sought to have his purported will probated. Appellee contested, asked for a jury trial, and secured the transferral of the cause to circuit court.

Appellee contested the will on two theories, (1) that there was a later lost will; (2) undue influence on the testator by appellant.

The will offered by appellant was dated September 10, 1945, and gave all of his personal property and a life…