Kish v. Bakaysa

Opinion by

Mr. Justice Drew,

This appeal is the result of the refusal of the court below to submit an issue devisavit vel non to the jury. The learned chancellor, after hearing all of the contestants’ testimony, amounting to more than 400 pages of the printed record, concluded it lacked probative force and was legally inadequate to sustain a verdict against the validity of the will. He gave peremptory instructions to the jury to answer affirmatively, that the testator was of sound mind and memory, and that the will was not procured by the exercise of undue influence. Motions for a new trial and…