Parham v. Walker

NEARN, Judge.

This is an appeal by the contestant in a will contest case from a jury verdict in favor of the will proponent.

The six Assignments of Error run together and, to a large extent, overlap. They can be divided into two categories — eviden-tiary complaints and complaints regarding the Court’s charge. The evidentiary complaints are without merit. We believe the Trial Court’s charge contained positive error and accordingly we must reverse for a new trial.

Since the matter must be retried, we will limit our discussion of the facts.

The facts over which there is no dispute are that testatrix…