McMahon v. McCulloch

This is an appeal from a,n order refusing to revoke the probate of the last will of Josephine F. Powers, notwithstanding the verdict of a jury that the testatrix was not competent to make the will. The question presented is whether as a matter of law there was no substantial evidence to support the jury’s finding that the testatrix lacked testamentary capacity, since concededly the court cannot in such a ease make an order notwithstanding the verdict if there is substantial evidence to support the jury’s finding.

The testatrix consulted an attorney about making this will at a time when there…