Anderson v. Anderson

Sutton, Justice.

The special ground of the motion for new trial complains that the trial court erred in directing a verdict in favor of the propounder, because the evidence presented an issue of fact which should have been submitted to the jury: (a) on the question of whether the testator had sufficient testamentary capacity at the time the will was executed; (b) whether the propounder had exercised undue influence over the testator in causing him to execute the will; (c) whether the will executed by the testator was executed under a mistake of fact.

“Where there is no conflict in the evidence,…