In re the Will of Notley

OPINION OF THE COURT BY

FREAR, C. J.

(Galbraith, J., dissenting.)

The Circuit Judge, after a hearing, admitted to probate the will and codicils of the decedent, Charles Notley. The contestants, his widow and four children, Charles, William, Maria and David, appealed to the Circuit Court, and the case was there tried before a jury and a different Circuit Judge on the issue of undue influence by the decedent’s niece, Mrs. Emma Dan-ford, née Mullinger. At the close of the contestants’ case, the proponents moved the Court to direct a verdict in their favor. This motion was granted and a verdict was…