Cunningham v. Cunningham

The opinion of the court was delivered by

Porter, J.:

The ten plaintiffs are the children and heirs-at-law of Harvey Cunningham, deceased, and the thirty-four defendants are his grandchildren. The plaintiffs seek to set aside the will of their father on the ground that at the time it was executed he was mentally incompetent and under undue influence. The court submitted to a jury, in an advisory capacity, two questions: first, whether at the time the will was executed the testator was of sound and disposing mind and memory, which they answered in the affirmative; second, whether the testator…