Vaughan v. MARTIN

This appeal arose pursuant to a judgment adverse to appellants (defendants below), on the question of the mental competency of James A. McIntosh, deceased, to execute his last will and testament. The jury, by its verdict, found the pretended will was invalid and its probate should be set aside. Prior to submission the court had instructed the jury that, as a matter of law, there was no evidence that the pretended will was procured by undue influence, nor was there evidence that it was unduly executed.

Appellants’ motion for new trial was overruled by the trial court, and this appeal followed.

Th…