Holladay v. Holladay

Opinion op the Court by

Judge Sims

Affirming.

Upon a verdict rendered in the Clark Circuit Court a judgment was entered adjudging that a paper executed by Lewis Holladay was his last will and testament. This appeal is prosecuted from that judgment.

Appellants, who will be referred to as contestants, seek to reverse the judgment because the court erred: 1. In assuming in the instructions the authenticity and due execution of the will; 2. in refusing to instruct on insane delusions; 3. in admitting incompetent evidence; 4. in refusing a new trial because the judge privately communicated with a…