Domestic & Foreign Missionary Society of the Protestant Episcopal Church in the United States v. Petersen

This is an appeal from a judgment denying probate of a purported will, which had been entered upon verdicts that the decedent did not have testamentary capacity and that she was acting under undue influence. Proponents appeal also from an order denying motion for judgment notwithstanding verdicts.

On the issues of testamentary capacity, the appeal is based entirely on insufficiency of the evidence to support the verdict.

A. Facts

1. General Facts

Syvia A. Morgan died December 30, 1960. Her age was not known with certainty, but was given for the death certificate by Alice B. Petersen, her…