Thompson v. Thompson

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Appellee brought this action to contest the will of Sarah Thompson, deceased, on-the ground, that she was of unsound mind. The trial resulted in a judgment setting aside the will. The only error assigned calls,in question the action of the court in overruling appellant’s motion for a new trial. The giving of certain instructions was assigned as a cause for a new trial.

• The instructions given are not made a .part of the record by. a bill of exceptions, and appellee insists that as'the. record does not show that they,were filed, they are. .not,in the record, and cannot be considered. It is…