Morris v. Bailey

WILLSON, O. J.

(after stating the case as above). It is not contended here that there was any evidence at the trial in the court below tending in the least to support the charge that the testator lacked mental capacity to make a will. The contention is that there was evidence which would have supported a finding that he was unduly influenced by ap-pellee Mrs. Dollie Bailey to make the will in question, and that the court below therefore erred when he peremptorily instructed • the jury to return a verdict in said appellee’s favor and, on a verdict as instructed, rendered judgment determining…