In Re Aylward's Estate

The will of Mary Aylward is contested by her granddaughter Helen Aylward Luycks. In the trial the grounds of contest were mental incompetency and undue influence. After the arguments and before the charge the question of undue influence was withdrawn by counsel for the contestants. On the sole ground of mental incompetency the verdict was against the will. Judgment was entered on the verdict, and the proponent, Elizabeth Aylward, only surviving child of the testatrix, brings error.

The decisive question is that verdict for the will ought to have been directed. Testatrix was bom in Cork,…