Cook v. Morton

BOULDIN, Justice.

This appeal is from a final decree in a will contest in equity after probate. Code of 1923, § 10637, amended by Acts 1931, p. 844.

The bill was filed by appellant, the daughter of decedent. The grounds of contest were mental incapacity and undue influence on the part of appellee, the wife of the testator, and beneficiary of the greater part of the estate.

Contestant demanded a trial by jury, a matter of right, under Code, § 10640.

On the jury trial on the law side of the court the issue of mental incapacity was submitted to the jury, but the affirmative charge was given for…