Leathers v. Binkley

This appeal rises from a contest of the will of Rosa Reynolds Merryman, tried before a jury in the Circuit Court of Dickson County. The jury found against the will, the Trial Judge approved the verdict, and on appeal to the Court of Appeals, that Court affirmed. We granted certiorari, have heard argument and the case is thus before us for disposition.

After the death of Mrs. Merryman, the persons named as executors in the alleged will presented it in the County Court for probate, and the will was duly probated in common form, with the order of probate reciting that all details of execution and…