Osborne v. Davies

The opinion of the court was delivered by

Smith, J. :

This action was brought for the purpose of setting aside the will of Palmer Osborne for lack of mental capacity in the testator, and for the further purpose of having paragraph 9 of the same declared void for uncertainty. The court submitted to the jury three particular questions of fact respecting the mental condition of the testator at the time the will was executed. After the jury were instructed and arguments of counsel made, they returned anwers to the questions propounded and were discharged from further consideration of the case.…