In Re Will of Rutledge

This is an appeal from an order of the circuit court of McDonough county, affirming the order of the county court of that county, admitting to probate an instrument of writing purporting to be the last will and testament of Arthur Rutledge. There was no jury in either court. No questions are raised on the pleadings. The appeal is on the ground that all the evidence, when considered together, did not make out a prima facie case of testamentary capacity, and that certain opinion evidence was erroneously admitted.

Arthur Rutledge, now deceased, on the 10th day of November 1953, in company with…