Emry v. Beaver

. Townsend, J.

Appellees brought this action to set aside the will of one William H. Beaver, because of unsoundness of mind and undue influence. They obtained a general verdict in their favor with judgment accordingly.

Instruction No. 14, requested by appellees and given by the court, told the jurors that they might consider other wills and codicils made by the testator as bearing on the subject of undue influence. This was error.

*473*472Declarations of the testator, not made at the time of the execution of the will in controversy, are admissible *473as tending to show the mental capacity of the…