Turckheim v. Birkley

This is an appeal from a decree of the circuit court of Marion county, entered on the verdict of the jury finding the testatrix, Martha Gickoni, not of sound mind .and disposing memory at the time of the execution of her alleged will and that she was at that time under undue influence, and setting aside said will.

The issues were joined on the question of testamentary capacity at the time of the execution of the will and on that of undue influence of the appellant Louis Birkley. An answer was filed denying the allegations of the bill and a replication was filed thereto. The trial was…