Yess v. Yess

Mr. Chiee Justice Dunn

delivered the opinion of the court:

The appellants filed their bill in the circuit court of Peoria county contesting the will of Theresa Yess on the grounds of mental incapacity and undue influence of the appellee Joseph Yess. Upon the trial- the court withdrew from the consideration of the jury the issue as to undue influence, and a verdict having been returned in favor of the appellees, a decree was rendered dismissing the bill.

The evidence as to the testatrix’s mental capacity is such that the verdict ought not to be set aside as contrary to the evidence, and this is…