West v. Moran

CRIST, Judge.

Appellant contested the will of his mother upon the issues of mental incapacity and undue influence.

Testatrix had devised and bequeathed a substantial part of her property to a friend with whom she had lived for the last eighteen years. Appellant’s mother made no provision in her will for her son. The trial court directed a verdict against contestant at the close of his case.

Upon appeal, the contestant’s first argument is that the trial judge erred in refusing to disqualify himself pursuant to Rule 51.05. We agree with appellant.

The record indicates the case was assigned for…