Cox v. Tucker

*385This was an issue derisarit vel non tried by a jury in the chancery court of Lowndes county. Appellees were the contestants of the alleged will of Mrs. Ostrander, deceased, Avhile appellants were the proponents of said will and contestees. The issues were whether the alleged will was a forgery, and, if not, whether the maker was capable mentally of making the will. There Avas a verdict in favor of appellees, and a judgment accordingly setting aside said alleged will,'from which judgment appellants prosecute this appeal.

Clearly this was not a case for a peremptory instruction for appellants,…