Daly v. Moran

Opinion op the Court by

Judge Richardson

Affirming.

This is the fourth appeal in which this record has been presented for review. See Moran’s Ex’r et al. v. Moran et al., 233 Ky. 526, 26 S. W. (2d) 565; Id., 238 Ky. 403, 38 S. W. (2d) 207; Id., 248 Ky. 554, 59 S. W. (2d) 7, 9.

The children of Mary L. Moran contested her will. Two judgments sustaining the contest were reversed because the evidence did not justify an instruction on mental incapacity. On the first two appeals it was held that the evidence as to undue influence was sufficient to take the ease to the jury, but its sufficiency to…