Tondre v. Gerloff

POPE, Justice.

This is a will contest wherein a jury found that the testator executed his will at a time when he was free from undue influence. This appeal concerns the sufficiency of the evidence to support the jury finding and also whether the jury was guilty of misconduct during their deliberations. Other points are briefed, but we shall not discuss them because they were not presented to the trial court, as required by Rules 320, 321 and 322, Texas Rules of Civil Procedure.

Appellants are the nephews of the testator, Celest Tondre, and appellee Pearl Gerloff is his grandniece. By the terms…