Boyer v. Pool

This is a contest to the probating of a will upon grounds of undue influence.

The contestants secured a jury finding that the execution of the will had resulted from the exercise of undue influence. The trial court disregarded this verdict and entered judgment sustaining the probate, because, in its opinion, there was no evidence of undue influence. This judgment has been reversed and rendered by the Court of Civil Appeals. 268 S.W. 2d 223.

The only question presented is whether there is any evidence of undue influence. The test of undue influence is whether such control was exercised over the…