Burkland v. Starry

LOZIER, C.

[ 609] Plaintiffs-respondents (hereinafter called contestants) sued defendants-appellants (hereinafter called proponents) to contest the will of Mae Starrett Rayborn. The jury’s verdict upheld the will and judgment was entered accordingly. Thereafter, upon contestants’ motion, the verdict and judgment were set aside and judgment against the will was entered and, in the alternate, a new trial was granted. The sole issue is due execution.

The contested document (hereinafter called the paper or the will) was upon three sheets of paper and was entirely in Mrs. Rayborn’s own writing.…