Swartz v. Miller

This case is a contest by Eva Miller of the will of her mother, Katharina Haldi, who left a legacy of $500 to Mrs. Swartz, plaintiff in error, the residue to said Eva Miller who is sole heir; it is before us on motion for supersedeas.

The attack upon the will was made upon the grounds of undue influence and mental incapacity. The court, we think rightly, withdrew from the jury the question of undue influence and submitted only that of mental incapacity. The verdict for the contestant must therefore be regarded as based wholly on the latter point.

This case differs from the ordinary contest of a…