Kerr v. O'Donovan

Opinion by

Mr. Justice Benjamin R. Jones,

This appeal in a will contest raises two principal questions: whether the court below erred (1) in withdrawing the question of undue influence from consideration by the jury and (2) in refusing a new trial after a jury verdict finding that the deceased had testamentary capacity.

Agnes 0. Duncan, whose will is the subject of this controversy, died January 1, 1951, aged 62 years, at Connellsville State Hospital, Fayette County, Pennsylvania. Decedent — a widow whose husband predeceased her on November 28, 1950 — left to survive her, as those entitled to…