McRee v. Russell

GARDNER, Justice.

This litigation concerns a contest of the' will of Dr. Thomas J. Russell. There were-verdict and judgment for proponent, and contestant has appealed.

There was much proof pro and con upon the issues of mental capacity and undue influence, and appellant prepared a bill of exceptions. But this bill of exceptions was admittedly not signed within the time required by law (Section 6433, Code of 1923), and appellee’s motion to strike (here duly interposed — section 6434, Code) is due to be sustained. Appellant, therefore, moves to establish the bill of exceptions under the…