Welch v. Welch

This is a suit to set aside.the will of James M. Welch, Sr., on the grounds of mental incapacity and undue influence, The charge of mental incapacity was not proved so the case was submitted to the jury only on the issue of undue influence. The jury found against the will.

The primary question for decision is whether a submissible case was made on the issue of undue influence.

The testator died at the age of ninety-six, leaving five children. By his will made at the age of ninety-four he left to his son Ellmore and to his daughter Josephine, plaintiffs, one dollar each. After making provisions…