Brent v. Fleming

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing.

This is a contest over the last codicil to the will of John T. Fleming, deceased, who died a resident of Mason County in the month of May, 1913. From a veridict and judgment in favor of the contestants .the contestees appeal.

The contest is based on mental incapacity and undue influence. Only the question of undue influence was submitted to the jury. Appellants insist that the evidence of undue influence is not sufficient either to take the case to the jury or to sustain the verdict. The decision of this question will…