In re the Will of Padgett

This is a will contest involving the question which of two holographic instruments is the last wall and testament of Charles E. Padgett, deceased, or whether either of said instruments can be sustained as his last will and testament. This is the second time that this litigation has been before this Court. The Court’s earlier opinion in this matter is reported in 51 Tenn.App. 134, 364 S.W.(2d) 947.

At the trial of this cause which gave rise to the earlier appeal the trial Judge withdrew the case from the jury and directed a verdict in favor of the instrument generally referred to in the record…