Russell v. Russell's

Opinion of the Court by

Commissioner Hobson

Reversing.

The will of John 0. Bussell was duly probated in the Adair county court. His heirs at law appealed to the circuit court. At the conclusion of the contestants’ evidence, the court overruled a motion for a peremptory instruction. The contestees then introduced their evidence, and at its conclusion they moved again for a peremptory instruction. The court refused ■ this, and submitted the case to the jury on the question of testamentary capacity under proper instructions. The jury deliberated a short time and were discharged until morning. The…