In Re Morris' Estate

Two children by a former wife from whom deceased was divorced contest his will which gave the bulk of his estate to the wife with whom he was living at the time the will was executed and at the time of his death. The will was executed nearly three years before his death and when he was seriously ill from pneumonia. The contest was on the grounds of mental incapacity and undue influence. At the close of the proofs proponent’s counsel moved for a directed verdict. The trial judge withdrew the question of mental incapacity and submitted the question of undue influence to the jury, reserving the…