Allen v. Nesmith

COLEMAN, Chief Justice.

This is an appeal from a judgment denying the petition of appellant, Shirley Nes- mith Allen, to set aside the probated self-proven will of her deceased mother. The defendants in the trial court, appellees here, moved for judgment at the conclusion of the plaintiff’s testimony, and judgment in their favor was granted. The judgment will be reversed and the cause remanded to the trial court.

The trial was to the court without a jury. On its face Mrs. Nesmith’s will appears to have been executed in compliance with the provisions of Section 59 of the Probate Code, V.A.T.S.,…