Ferrell v. Minnifield

MERRILL, Justice.

Appellants contested the will of Joe Callaway, deceased, in a suit in equity under Tit. 61, § 64, Code 1940. The trial court upheld the will which left decedent’s property to a stepson, and contestants, nephews and the sole heirs at law, appealed.

The will was contested on the grounds of undue influence on the testator by the respondent, and that the will was not duly and legally executed. We are not here concerned with the allegation of undue influence.

The question before us is whether the evidence was sufficient to prove the legal execution of the will. We have concluded…