Warn v. Whipple

It is contended that the trial judge erred in giving to the jury before argument written instructions numbers 1 and 2, asked by the plaintiff in the trial court, and also in his general charge to the jury on the same subject covered by these requests to charge. The two instructions requested by plaintiff are not dissimilar in any material respect. No. 2 reads as follows:

“The court instructs the jury that if they believe from the evidence that the decedent, Abbie Whipple, was at the time of the alleged execution of the said paper laboring under a delusion or delusions of the mind on any…