Scott v. Gibson

Bbid, Chief Justice.

1. The question for decision is whether the evidence was sufficient to authorize the verdict sustaining the caveat where the controlling contested issue was the mental capacity of the alleged testatrix to make the will. The propounder made out a prima facie case by testimony of the subscribing witnesses to the instrument, and presented proof that at the time the decedent executed the same she was of sound mind. On the contention that the alleged testatrix was mentally incapacitated to make the will the caveator offered only one witness, whose testimony related to the…