Boyer v. Pool

*593Mr. Justice Smith joined by Justice Brewster

dissenting.

I respectfully dissent.

Since this is a case wherein the petitioners contend that the respondents failed to produce any evidence to support the finding of the jury that petitioners exercised undue influence upon the testator, Jasper Pool, I find it necessary to depart from the usual procedure and quote at some length from the testimony. I realize that it is a tremendous burden to analyze the cold record in this Court and at the same time effectivtly bring out the true picture. This Court, in determining the only question before us, must…