Whitacre v. Kelly

Appeal from the Circuit Court of Buchanan County from a judgment setting aside the will of Mary Inos Lewis. The petition alleged undue influence, confidential relations and want of mental capacity, all of which was denied by the answer. The ease was tried to a jury. At the close of plaintiffs’ (contestants’) evidence and again at the close of all the evidence, defendants (proponents) requested the court to instruct the jury to find that the paper writing introduced was the will of said Mary Inos Lewis, which requests were denied. The court’s instructions withdrew from the jury the issues of…