Mahaffey v. Mahaffey

Legge, Justice.

The will of Emma Mahaffey, dated December 26, 1947, was admitted to probate in common form by the Probate Court for Spartanburg County on February 5, 1948. Thereafter in appropriate proceedings in that court it was admitted to probate in “due form of law” on August 24, 1949. Upon appeal to the Court of Common Pleas the matter was tried de novo before the Honorable Steve C. Griffith, Presiding Judge, and a jury on October 1, 1958.

Validity of the will was attacked upon two grounds, viz.: (1) that the testatrix lacked mental capacity to make it; and (2) that its execution had been…