Scott v. Wimberly

Russell, Chief Justice.

A caveat was filed by a husband to the probate in solemn form of the will of his wife, in which she devised him one dollar. Lack of mental capacity to make a will was alleged. An amendment to the caveat was offered, in which undue influence and coercion were alleged. On objection this amendment was disallowed. The trial resulted in a verdict in favor of the propounder. A motion for new trial was overruled, and the caveator excepted. Error was assigned also on the dis-allowance of the offered amendment to the caveat.

*562The court erred in disallowing the amendment, which was…