Calhoun v. Calhoun

Harwell, Justice:

Appellant Lonnie Calhoun initiated this case in probate court by offering an instrument dated October 31, 1975, as the Last Will and Testament of Sam Johnson. The probate court admitted the instrument to probate in due or solemn form of law. Respondents appealed to the Court of Common Pleas where the case was tried de novo before a jury. The jury found that the will was properly executed according to law and that the testator had sufficient testamentary capacity to make the will; however, tire jury found that the testator was under undue influence when he made and signed the…