Venner v. Layton

CRAMER, Justice.

This is an appeal by contestants from a judgment probating the last will of Frances Back Venner, deceased. Appellants’ contest was upon two grounds, one, want of testamentary capacity of testatrix and, second, undue influence and fraud upon testatrix.

At conclusion of the evidence the trial court instructed a verdict and entered judgment for appellees. The only question on this appeal is whether the evidence raised jury questions on the issues raised by the pleadings.

On the issue of testamentary capacity the burden of proof was upon appel-lees as proponents of the will, this…