McDermott v. Lankenau

1. Movant complains that the court erred in-charging the jury as follows: “You are not charged with the duty of determining whether or not she made the will freely or voluntarily, or that any influence was brought to bear on her.” The criticism of the charge is that under the pleadings the court should have submitted to the jury the question whether or not the will was freely and voluntarily made, or whether the will was the result of influence brought to bear on the testatrix, due to her infirmities of age and illness; also that it ignored the testimony tending to show that the will was made…