Arndell v. Peay

CULLEN, Commissioner.

In these consolidated actions, one involving the will of N. A. Arndell, deceased, and the other involving a deed executed by him before his death, the principal issue was whether Arndell had sufficient mental capacity to execute the instruments. A secondary issue was whether a trust, prevailing over the terms of his will, could be imposed on Arndell’s property on the ground that mutual wills previously made by Arndell and his wife were contractual in nature. The actions were tried together before a jury, which after several hours of deliberation was unable to agree.…