State Ex Rel. Smith v. Hughes

This is an, action to contest the. wifi of John J. Smith, dépeased. The petition alleged undue influence and testamentary incápacity but the latter charge was abandoned at the close of contestants’ evidence. The trial court theii directed a verdict'sustaining the will, and contestants appealed from the judgment entered to the St.. Louis Court of Appeals.

■The' Court of Appeals (Anderson, J. dissenting) held that contestants made a jury case on thé issué of undue influence, and reversed and remanded the cause. [Smith'v. Smith, 196 S. W. (2d) 5.] The ease has been transferred here on application…