In Re Will of Hargrove

Issue of devisavit vel non, raised by a caveat to the will of Sudie Hargrove, late of Sampson County, based upon alleged mental incapacity.

The jury found that the alleged testatrix did not have sufficient mental capacity to execute the paper-writing propounded, and that the same was not the last will and testament of Sudie Hargrove.

The court being of opinion that the verdict was contrary to the weight of the evidence, on the determinative issues, set the same aside, in his discretion, and ordered the issue of devisavit reinstated on the calendar for trial at a later term.

Propounders appeal,…