Mitchell v. Hillsman

Hall, Justice.

Appellants are the caveators to the will of Lillie Mae Moore; they are appealing the grant of summary judgment to the propounder, appellee. The sole basis for the caveat (at the time of the hearing on this motion)1 was the question of undue influence over the testatrix allegedly exercised by appellee, who is the sole legatee and devisee.

The caveators are the nieces of the testatrix, and the executrix of the estate of the testatrix’s mother (who died during the pendency of this action.) Appellee was not related to the testatrix. However, appellee had rented half of the testatrix’…