Smith v. Smith

This was a proceeding for the probate of a script as the holographic will of Fred E. Smith, deceased, of Bristol, Tennessee! It was tried in the Law Court at Bristol upon an issue of devisavit vel non. There was a verdict against the propounded instrument. A judgment was entered accordingly, and the proponents appealed in error.

The determinative question is presented by the proponents’ contention that under applicable principles of law there was no material evidence to support the verdict, and hence that their motion for a directed verdict sustaining the script as the holographic will of the…