Citizens National Bank v. McCafferty

Opinion by

Mr. Justice Bell,

An issue devisavit vel non was tried by a Judge and jury in the Court below. The jury found that at the time of execution of the will dated July 3, 1951, Minnie S. McCafferty, the testatrix, was a person of sound and disposing mind and that the said will was not procured by undue influence, duress or constraint. Delevan Mc-Cafferty, a stepson, filed (1) a motion for judgment non obstante veredicto, which was dismissed by the Court below, and (2) a motion for a new trial, which was granted by the Court below. Thereafter each side took an appeal.

Mrs. McCafferty by her…