Hopkins v. Brumbelow

Reid, Chief Justice.

The exception in this case is to the first grant of a new trial, after a trial in the Superior court on appeal .from the court of ordinary between the propounders of the will of A. M. Brumbelow and certain of his heirs who had filed a caveat. The basis of attack on the will was the claim that the testator was not of sound and disposing mind and had not sufficient mental capacity to make a will. The Jury found in favor of the caveators, denying probate of the will. No question is presented except as to whether the judge abused his discretion in granting the new trial, and…