Matter of Estate of Forrest

JOHNSON, Judge.

The question presented by the propounders’ appeal is whether the evidence is sufficient to be submitted to the jury on the issue of undue influence. Caveators have also requested, pursuant to Rule 10(d) of the Rules of Appellate Procedure, that the directed verdict in propounders’ favor on the issue of mental capacity be reversed if this Court should determine that a retrial is necessary. For the reasons set forth below, we hold that the trial court erred in denying the propounders’ motion for a directed verdict on the issue of undue influence, but correctly allowed the…