Byrd v. Byrd

Ness, Justice:

This is a contested will case. Appellant, James Byrd, son of the testator, Otto Byrd, and executor of the will, dated March 25, 1977, appeals from a jury verdict which found affirmatively (1) that the will was the product of undue influence exerted upon the testator, and (2) that the testator did possess sufficient mental capacity to execute the will.

The case was tried de novo after respondents, who are the remaining sons and daughters and a son of a predeceased son of the testator, filed a petition requiring proof of the will in solemn form of law.

The primary issue on appeal is…