Vermilyea v. . Palmer

This is an equitable action brought to recover one-third of the personal estate left by Oliver Rhead, husband of the plaintiff's intestate, Mary Rhead, which had been received by the defendant's testator, Benjamin Rhead, as administrator of Oliver Rhead, and to set aside a release executed by the said Mary Rhead to the defendant as executor.

Two questions were ordered to be tried by a jury: first, whether any undue influence was practiced upon Mary Rhead to obtain the release, and second, whether the said Mary Rhead, at the time of signing the release, had sufficient mental capacity to know or…