Mimms v. Hunt

CLAY, Commissioner.

This is a lost will case. Probation of a carbon copy was denied in the county court, but on appeal to the circuit court a jury found it to be the last will and testament of Mary Gough. On a motion for judgment n. o. v. the circuit court set aside the verdict on the ground that the evidence of those seeking to probate the will was not sufficient to rebut the presumption that it had been revoked.

We have no question in this case with respect to the execution or contents of an original will. Twenty-two months prior to the date of her death, Mary Gough, a widow then aged 76, had…