Barbee v. Barbee

Askben, J. —

This action to set aside the will of Mary E. Barbee was brought by seven of her children, who received certain keepsakes as well as legacies of fifty dollars each, while ten thousand dollars was bequeathed for a memorial chapel, and the balance divided between three remaining children. The ground upon which it was sought to be set aside was that the testatrix was not of testamentary capacity, and that the execution of the will was procured by undue influence and by fraud. At the close of petitioners’ testimony, the court held that a prima facie case had not been made under the…