Evans v. Evans

The opinion of the court was delivered by

Burcit, J.:

The action was one to contest an order of the probate court refusing to probate a will. The plaintiff prevailed, and the defendants appeal.

The petition alleged that the will was duly executed, and that the testator was of full age, of sound mind, and not under any restraint. The answer pleaded that the testator lacked testamentary capacity, and that he was unduly influenced to make the will, the facts being stated in detail. The issues thus raised were fully canvassed. The court took the advice of a jury, which returned the following…