Middleton v. Waters

Almand, Justice.(a) Special ground 1 of the motion for new trial assigns as error the failure of the court to give in charge to the jury without request the principle of law set forth in § 113-301 of the Code, which prescribes formalities for the execution of wills. It is contended that this principle was material, relevant, pertinent, and applicable to the facts of the case; and that by the failure to give this section in charge the jury were confused, and the movant was harmed thereby.

The court charged the jury that, if they found from the evidence that Mack Middleton signed the purported…