Crump v. Chenault

Opinion oe the Court by

Judge Mtlt/er.

Affirming

This is an appeal from a judgment of the Clark Circuit Court sustaining the will of Alexander H. Anderson. The will was probated in the county court, and upon an appeal to the circuit court the contestants, who are appellants here, sought to set aside the will, upon the two grounds, (1) that Anderson did not have testimentary capacity to make a will, and (2) he was unduly influenced therein by his nephew Albert A. Clay. At the conclusion of contestants’ evidence, the circuit judge peremptorily instructed the jury to find for the propounders, and…