In Re Herring's Will

BROWN, J., concurring in result; WALKER, J., concurs in the concurring opinion. The facts are stated in the opinion. This is an issue of devisavit vel non. The grounds alleged by the caveators, as set out in their brief, were non-execution, mental incapacity and undue influence. The court at first submitted one issue: "Is the paper-writing propounded by T. J. Herring and others, and every part thereof, the last will and testament of William I. Herring, deceased?"

After the case had been submitted to the jury the court of its own motion added the following three issues:

1. Was the paper-writing…