Spivey v. Spivey

1. On the trial of an issue arising upon the propounding of a will and a caveat thereto, the burden, in the first instance, is on the propounder to make out a prima facie case, by showing the factum of the will, and that at the time of its execution the testator apparently had sufficient mental capacity to make it, and, in making it, acted freely and voluntarily.

2. Under the law and the evidence in the present case, a finding in favor of the will was demanded, and the court erred in overruling the motion for new trial.

No. 15918. SEPTEMBER 6, 1947.

J. G. Spivey died on November 14, 1946,…