Waggener v. General Association of Baptists

CAMMACK, Judge.

This action contesting the will of Miss Fannye Holladay on grounds of mental incapacity and undue influence was brought by the appellants, Paul H. Waggener and other relatives, two days before the statute of limitations would have defeated their action. This appeal is from a judgment on a directed verdict upholding the will.

Reversal of the judgment on the directed verdict is urged upon the grounds that there was sufficient evidence to require submission to the jury of the questions of lack of mental capacity upon the part of Miss Holladay to make a will and the exercise of…