Birchett v. Hundermark

Smith, C. J.,

delivered tlie opinion of tbe court.

Mrs. Mary E. Bruzelias died on tbe 5tb day of April, 1924, leaving a. last will and testament, which was probated in common form, and thereafter was contested in accordance with section 1997, Code of 1906 (section 1662, Hemingway’s Code), by tbe appellee, who is Mrs. Bru-zelias ’ only heir at law, and who is not a beneficiary under her will.

Tbe ground of tbe contest is that Mrs. Bruzelias was not of sound and disposing mind and memory at tbe time the will was made.

Tbe case was tried by a jury, which returned a verdict for tbe appellee, and…