McCartney v. Rex

A jury, in the Noble Circuit Court, found “that the instrument in writing probated as the last will and testament of Charles Edward Compton, deceased, is invalid; that it is not his last will and testament and its probate should be set aside.” Judgment went accordingly. In reaching this verdict the jury, over the appellant’s objections, was permitted *705to consider an issue charging the appellant, Margaret McCartney, with having unduly influenced the said Charles Edward Compton in the execution of said will. This was error if, as the appellant contends, there is a total lack of evidence, direct…