Cornelius, Exr. v. Thomas

This is an action instituted by appellees to have the last will and testament of Shalter Thomas, deceased, declared invalid and to set aside the probate thereof based upon the statutory causes, viz.: (1) Unsoundness of mind; (2) undue execution. The jury returned a verdict that the testator, Shalter Thomas, at the time he executed the will in controversy was of unsound mind and incapable of executing the will. This appeal is predicated on the action of the trial court in overruling appellant’s motion for a new trial, which motion, in substance, presents the following causes, to wit: (a) The…