Burgess v. Sylvester

Mr. Judge Hickman,

Of the Commission of Appeals, delivered the opinion for the Court.

Lizzie Burgess in this action contests the probate of the will of her father, T. Bunker, deceased, upon two grounds, (1) mental incapacity and (2) undue influence alleged to have been exercised-upon the testator by Frank-Sylvester and wife, two of the beneficiaries named in the will. In a jury trial in the district court upon special issues findings were made that the testator had testamentary capacity at the time1 he executed the will, but that he executed same under the undue influence of the Sylvesters.…