Magee v. Magee

On Rehearing.

Appellee, in his motion for a rehearing, insists that, since the statement of facts has been stricken out, we are,in error in considering the assignments of error based on the action of the triál court in permitting the witnesses George Oox and Mrs. Wells to testify to -conversations they had. with testatrix, set out in the original opinion, and in instructing the jury that they could consider said testimony for the purpose of determining whether any undue influence had been used to cause Miss Magee, the testatrix, to execute the will or codicil.

The Supreme Court, in the case of…