Everett v. Everett

HALE, Justice.

Appellant brought this suit to set aside, a prior order of the County Court of Ellis County admitting to probate the purported will of his mother, Mrs. Sallie Everett, hereinafter referred to as the deceased. The case was tried de novo in the District Court before a jury. Upon the conclusion of the evidence appellees moved the court to instruct the jury to return a verdict against appellant, but the motion was overruled. Thereupon the court submitted two special issues to the jury, in response to which it was found (1) that the will in question, being the will previously…