Simpson v. Sexton

MILLIKEN, Judge.

This is an appeal from a judgment entered upon a directed verdict sustaining the probate of a will. The appellants, contestants of the will, refused to participate in the trial after their motion for a continuance was overruled. Although the proponents of the will, the appellees, offered to permit the contestants to present to the jury their affidavits in support of their motion for a continuance, they refused to do so. The proponents then proceeded to introduce the probated will in evidence and to show its proper execution and the proper execution of two codicils made…