Smith v. Salthouse

The opinion of the court was delivered by

Allen, J.:

This action was brought to set aside a codicil to a last will on the grounds of mental incapacity, fraud and undue influence. From a judgment setting aside the codicil, defendants appeal.

The will of Ida M. Salthouse was executed on August 14, 1922; the codicil in dispute was executed August 6, 1935. Testatrix died on August 13, 1935.

The trial of this case began on March 18,1937, and was concluded on March 24,1937, at which time the advisory jury returned answers to special questions, as follows:

“1. At the time of the execution of the…