Darnaby v. Halley's Ex'r

Opinion of the Court by

Chief Justice Sims—

Affirming.

The sole question presented on this appeal is whether or not the will of T. J. Halley was executed in conformity with KRS 394.040. The county court refused to probate the paper and the executor appealed to the circuit court. There, after the executor had introduced his proof relative to the execution of the will, the heirs of testator moved the court to direct a verdict that the paper had not been duly executed. This motion was overruled and the heirs declined to introduce proof, whereupon the court peremptorily instructed the jury to find…