Franzman's Executors v. Nalty

Opinion op the Court by

Judge Sampson

Reversing.

The last will and testament of Louisa R. Franzman was executed in March, 1907, and was probated in the Jefferson circuit court in September, 1922. It was contested in the Jefferson circuit court by appellees on the ground that the testatrix, in making the will, was unduly influenced and without mental capacity. No evidence of undue influence was produced at the trial and this ground was abandoned. A large volume of evidence was taken pro and eon. on the question of mental capacity and afterwards submitted to a jury by an instruction of which no…