Ward v. Ward

This action is a contest of the will of E. J. Ward, Sr., on the grounds (1) of undue influence, and (2) of a lack of testamentary capacity. An issue devisavit vel non was made up and submitted to a jury which rendered its verdict for the contestants, appellees here.

At the threshold of the case, the proponents interposed a written agreement of settlement between E. J. Ward, Sr., and his children who are the contestants. The wife of E. J. Ward, Sr,, had died in October 1936. Mr. Ward was at that time approximately seventy-three years of age. It was not long thereafter that he disclosed to the…