Whitefield v. Whitefield

TIREY, Justice.

This suit involves the probate of a written will not produced in court. The will was admitted to probate in the county court. On appeal to the district court, the cause was tried before a jury and on the verdict of the jury the will was admitted to probate. At the conclusion of the evidence, the contestant filed a motion for an instructed verdict. The court overruled said request and this action of the court is assigned as error.

The evidence is uncontradicted on the following facts: That testator, G. H. Whitefield, was a bachelor; that he was a resident of Ellis County, Texas,…