Spidel v. Warrick

OPINION

By MILLER, J.:

This is a law appeal from a judgment setting aside the purported will of John W. Spidel upon the ground of mental incapacity and undue influence. The jury returned a general verdict in favor of the plaintiffs which must be taken as a finding in favor of the plaintiffs on both issues, no special interrogatories having been submitted to the jury. Sites v Haverstick, 23 Oh St 626.

The record discloses that John W. Spidel was born in 1865; that his education was very limited, not being able to either read or write, except to sign his own name, although one of the witnesses…