Cubbage v. Gray

CULLEN, Commissioner.

Probate of the will of John W. Clark was contested on the grounds of undue influence and lack of mental capacity. The jury found against the will and judgment was entered setting aside the county court order of probate. The contestees have appealed, asserting as their major contention that a verdict should have been directed in favor of the will.

Clark, an 82-year-old widower, owned a small farm and had a few thousand dollars in cash and securities. His next of kin were a daughter and two children of a deceased son, who were the contestants below and are the appellees…