Scott v. McKibban

FUNDERBURK, Justice.

A purported will of J. E. Adison, ‘deceased, naming Mrs. R. L. Scott as executrix, was on application of Mrs. Scott admitted to probate in the county court. Mrs. Ida B. McKibban, a contestant, appealed to the district court. Upon a jury trial in the district court, judgment was rendered denying probate of the will, from which the proponent, Mrs. R. L. Scott, has appealed. Probate of the will was contested by Mrs. McKibban on two grounds — men.tal incapacity and undue influence. No issue on the ground of undue influence was submitted to the jury (nor established by…