American Trust Co. v. Mickey

The will of Alice Downey, deceased, was admitted to probate on June 23, 1939, on the petition of American Trust Company, the executor named in her will. Thereafter Charles Mickey and several other persons, claiming to be heirs of the decedent, filed a contest on the ground of testamentary incapacity. Each and all of the contestants are nephews and nieces of Dr. Wallace Downey, the deceased husband of Alice Downey. The contest was heard before the trial court sitting with a jury. At the close of contestants’ case the proponent moved for a nonsuit. The motion was denied. After the conclusion of…