O'Bannon v. Henrich

Dissenting Opinion.

McG-ehee, J.,

delivered a dissenting opinion.

After careful study and consideration of the evidence contained in the voluminous record in this case, I am fully persuaded that the jury should have been permitted to decide the issue as to whether the alleged will here in controversy was procured by undue influence; that the peremptory instruction should not have been granted in favor of the appellee iii that behalf. A close personal and confidential relation was shown to have existed between Miss Henrich, the sole beneficiary thereof, and the testator. It is claimed on her…