Trezevant v. Rains

ON REHEARING.

STAYTON, Chief Justice.

This is an appeal from a proceeding probating the will of Mrs. Maria Rains.

• The probate of the will was contested by the son of a deceased daughter of Mrs. Rains, on three grounds: It was claimed, that Mrs. Rains had not sufficient mental capacity to make a will at the time the paper was executed, and that in fact the signature to the will was not hers, but that of one of the beneficiaries, who directed and controlled the pen which made the signature while it was in the powerless hand of the testatrix.

It was further contended, that the will was the result…