Matter of Will of Ricks

EXUM, Justice.

The principal question on this appeal is whether it was a violation of General Statute^S-51 1 and error prejudicial to the caveators to permit the propounder to testify to certain personal transactions and communications between the witness and the deceased relating to the execution of the script sought to be propounded. A majority of the Court of Appeals’ panel thought it was, on the ground that this testimony tended to prove “facts essential to establish the will as the voluntary act of the testador and rebut the charge of undue influence . . . . ” The majority further ruled…