Collins v. Central Trust Co

There should be a new trial in this case, so that all the relations between the plaintiff and the deceased may be gone into bearing upon the validity of the transaction between them relating to the cancellation of the bond and mortgage in question. The character of the transaction, whether an absolute gift or testamentary, depends upon its voluntary character, and the issue heretofore tried is necessarily involved in the new issue of undue influence.' The judgment cannot be vacated and the retrial confined to the new issue as the witnesses heretofore offered by the plaintiff have not been…