Dixon v. Fillmore Cemetery

PRITCHARD, Judge.

An original appeal in this case resulted in a reversal and remand for new trial upon the principal ground that there was insufficient evidence to show that at the time testatrix’s will was executed she was suffering from an insane delusion. It was also held that the evidence was insufficient to show testatrix’s general lack of testamentary capacity, and the opinion noted, “If, upon new trial, proponents’ evidence is substantially the same, and if contestants should produce no more evidence than herein set forth, the trial court should direct a verdict for proponents.” See…