Board of Trustees of Methodist Church v. Welpton

HOLMAN, Commissioner.

Action to establish the last will and testament of Phenia Floyd, deceased. At the close of plaintiffs’ evidence the court sustained defendant’s motion for a directed verdict. The jury accordingly returned a verdict to the effect that the paper writing in evidence was not the last will and testament of said decedent. From the ensuing judgment plaintiffs have duly appealed. We have jurisdiction since the purported will devises real estate to plaintiffs and hence “the title to real estate” is involved, within the meaning of Article V, Section 3, Constitution of Missouri,…