Buchanan v. Davis

The will of Ophelia Buchanan was attacked .for absence of testamentary capacity and presence (and procuring effect) of undue'influence. The jury sustained both charges, and the judgment nullifying the will was affirmed by the Court of Civil Appeals. 300 S. W. 985. Writ of error was allowed each of two groups of appellants upon petitions claiming error in matters hereinafter discussed.

1. Jurisdiction of the district court is lacking, it is said, because there was no final judgment of the county court in probate. Except for recitals immaterial here and one to be mentioned, the judgment of the…