Ziegler v. Brown

Terrell, J. —

This is an appeal and a cross appeal from an order of the circuit court affirming the probate of the will of Hattie Sutton in which the decedent divided her property, consisting entirely of real estate, between her niece, the appellant, and the appellee, her friend, who had lived in a confidential relation to her for years.

On the appeal it is contended that the will was the product of undue influence, a lack of testamentary capacity, and that it was improperly executed.

At the time of the execution of her will the testatrix wasuffering from a stroke of paralysis. She could not…