Russell v. Fulton National Bank

Jordan, Chief Justice.

In proceedings for the probate of a will, the trial court directed a verdict for the propounder on the issues of mistake of fact and undue influence and the jury returned a verdict for the propounder on the issue of lack of testamentary capacity. The caveatrix appeals after denial of her motion for new trial. We affirm.

The caveatrix, Carol Star Russell, is the daughter and only child of the testator, Dr. David Russell, Jr., by his second wife, Mrs. Glynette Russell, from whom the testator was divorced before his death. Caveatrix was disinherited by the will whereas…