West v. Lucas

HOUGH, J.:

1. Instructions by the trial court in a will contest must clearly define the rule that the evidence introduced by contestant, in order that he may prevail, must be a preponderance, outweighing both the evidence produced by the contestee and the presumption of validity that arises from probate of the will.

2. Failure in a general charge in a will contest case to restate, in connection with the instructions relating to testamentary capacity and undue in influence, that the presumption arising from the probate of the will must be taken into account and weighed according to its proper…