Wood v. Lane

Simmons, ' C. J.

This case has been twice tried. At both trials the jury found against the will, and each verdict has been set aside by the trial, judge. In granting the second new trial, the trial judge did so expressly upon the ground that the verdict was. contrary to law and to the evidence, and was without evidence to support it.

We have carefully read the evidence contained in the record, and we have discovered nothing that would authorize the jury to set this will aside. The evidence, in our opinion, is overwhelming in favor of the testamentary capacity of Mayo at the time this will was…