Singleton v. Carmichael

BELL, Justice.

The opinion rendered in this case on April 18, 1957, is withdrawn and the-following is substituted as the opinion of the Court., ,

Suit was filed in the County Court of Jackson County to set aside the judgment of that .court which had admitted the will of J. W. Carmichael to probate. The basis of the suit was the alleged testamentary incapacity of the testator to execute the will of March 30, 1949. The judge of that court denied the relief sought and appeal was taken to the District Court. On original trial in the District Court, the trial judge, at the conclusion of contestants’…