Rowell v. McCollough

COLEMAN, Justice.

This is an appeal from a decree setting aside the verdict of the jury and granting a new trial in a will contest brought in equity under Title 61, § 54 et seq., Code 1940.

The will of M. F. McCollough, deceased, was admitted to probate in the Probate Court of Coffee County. Within six months thereafter appellants filed their bill in equity and demanded trial by jury. The verdict was in favor of contestants and against the will.

Grounds of contest were mental incapacity, undue influence, and improper execution of the will. The affirmative charge with hypothesis eliminated the…