Smith v. Smith

Opinion op the Court by

Judge Clay

Affirming.

John L. Smith, a resident of Shelby county, died in the month of September, 1928, survived by two nephews, Orville Mobley Smith and Jacob Wesley Smith, an incompetent, and by a double second cousin, Douglas Smith. By his will dated August 23, 1927, he devised and bequeathed to his nephews $1 each, and the remainder of his estate to his cousin, Douglas Smith, and appointed him executor of the estate. After its probate, the will was contested by his nephews on the ground of mental incapacity and undue influence. At the first trial the jury found…