Berry v. Moore

Opinion op the Court by

Judge Dietzman

Reversing.

This is a will contest based on the usual grounds of lack of mental capacity and undue influence. There have been two trials in the lower court. The first resulted in a hung jury and the second in a verdict signed by nine of the jurors setting aside the will. The propounders have appealed.

The testator, M. Gr. Berry, by his will left all his property to his widow the appellant, Mary J. Berry. She was his second wife. He had no children either by her or his first wife and the contestants, the appellees, are his collateral kin. The court submitted…