Boland v. Aycock

Reid, Chief Justice.

This ease arose on a caveat to the probate of a will, on the grounds of (1) mental incapacity, and (2) undue influence. The verdict was in favor of the caveators. The exception is to the overruling of demurrers to the caveat, and to the overruling of a motion for new trial. The demurrers were directed to that part of the caveat which set up undue influence. Taking up first the question of undue influence, we look to the Code, § 113-208 (which is merely a codification of a general legal proposition), declaring: “The very nature of a will requires that it should be freely…