Smith v. Fitzjohn

In a suit to contest the last will of Martha A. Fitzjohn, deceased, on allegations that she lacked mental capacity and had been unduly- influenced, a jury returned a verdict upholding the will. The trial court sustained a motion for new trial on the ground it had erred in withdrawing the issue of undue influence and also in giving 'an instruction requested by proponent. Proponent appeals and contends that the instruction is correct, and also that there was insufficient evidence to justify the submission of either issue to the jury.

Testatrix died August 13, 1943, at the age of seventy-four.…