Knudson v. Knudson

Mr. Chiee Justice Stone

delivered the opinion of the court:

By this direct appeal, review is sought of a decree of the circuit court of Sangamon county upholding the last will and testament of John K. Knudson, deceased. Appellants contested the will on the ground of lack of mental competency and undue influence. At the close of appellants’ evidence the chancellor, on motion of the defendants, withdrew from the jury the issue of undue influence but denied the motion to instruct the jury to return a verdict upholding the will. The latter motion was repeated at the close of all the evidence but…