Boyd v. Peavy

The appellants were the respondents in the circuit court to a petition by the appel-lee to revoke the probate of a contested will and for probate of a prior will. The cause was tried before the circuit judge and extensive testimony was taken. At the conclusion of the trial, the circuit judge entered a full opinion in which he set out all the relevant facts, and held:

“Although the evidence tends to support the contestant’s contention that the decedent was incompetent to make her new will, its weight is not sufficient to sustain a finding of incompetency at the time she executed her new will on…