Smith v. Biggs

The will of Annie H. Gonce was admitted to probate, and was later assailed by the caveat of her brother, who was not a beneficiary. The three issues, which were sent to the Circuit Court for trial, were the mental capacity of the testator at the time of the making of the paper writing, the knowledge of the decedent of its contents, and the existence of undue influence constraining and controlling the will of the decedent at the time of the signing of the instrument. The three issues were submitted to the jury, which found that the woman was of unsound mind and had no knowledge of the contents…