Frye's v. Bennett

Opinion op the Court by

Judge Sampson

Affirming.

A paper probated as the last will and testament of Emma S. Frye, deceased, was contested by this action in the lower court and found by the jury not to be the will of Mrs. Frye. The propounders appeal, asserting that the instructions given by the trial court to the jury were erroneous in two respects and ask a reversal. The first instruction of which complaint is made reads as follows :

“Soundness of mind, in connection with the making of a will, means the possession of such mentality as enables one making a will to know his or her estate, its…