McNaley v. Sealy

Appellants, several nieces and nephews of S. V. Payne, deceased, filed this proceeding to contest his will and the codicil thereto, and to annul the order of the county court probating them, alleging mental incapacity of testator to make the will and codicil. From an adverse judgment in the county court appellants appealed to the district court, where, on the trial, the jury found that testator had sufficient mental capacity to execute the will and codicil; and judgment was accordingly rendered for proponents; hence this appeal.

The trial court erred in refusing to admit in evidence a…