Alden v. Lewis

Appellant was the contestant and appellees were proponents of the will and a codicil of Miss Kate A. Skip-with. The issues were: (1) Lack of mental capacity, and (2) undue influence. Both instruments were admitted to probate in common form. Thereafter the contest was filed.

A jury was empaneled but after the taking of evidence was concluded, the chancellor peremptorily instructed the jury to find for the proponents. For the reasons hereafter shown, we affirm.

I

The testatrix executed her will on December 18, 1957. On May 29, 1958, she duly executed a codicil which specifically referred to her…