Huff v. Huff

HICKMAN, Chief Justice.

This is the second appeal of this case; our opinion on the former appeal being reported in 52 S.W.(2d) 1092. The suit involves a contest over the probate of the will of Mrs. T. C. Huff, by which she left her estate to some of her children to the exclusion of others. Two fact issues were submitted to the jury as follows: First, “Do you find from the evidence that at the time Mrs. T. C. Huff executed the will in question she had testamentary capacity, as that term is hereinbefore explained?” To which the jury answered “No.” Second, “Do you find from a preponderance of the…