Boyle v. Fisher

HIGGINS, Justice.

Appellants contested the application of appellees to probate the will of John J. Boyle, deceased.

The only issue submitted inquired as to the testamentary capacity of deceased. The jury found he did' not possess such capacity, whereupon judgment was rendered and entered denying the application of the proponents. Proponents filed motion attacking the sufficiency of the evidence to support the finding of the jury, and prayed the judgment theretofore entered' be set aside and a new trial granted.

Upon hearing the motion the court set aside the verdict and former judgment and…