Whitfield v. Pitts

1. Under the law and the evidence, a finding was demanded that the testatrix was possessed of the requisite testamentary capacity in executing the will in question, and did so freely and voluntarily and without any undue influence being exercised upon her, and, accordingly, the court did not err in directing a verdict for the propounder.

2. After both sides had closed and the presiding judge had announced that he would direct a verdict for the propounder, there was no abuse of discretion in refusing to reopen the case to allow the caveator to be recalled and answer a proposed question, the…