Walston v. Mabry

LINCOLN, Justice.

The judgment of the District Court of Red River County, after a jury verdict, nullified the will of ‘Mrs. Penny Mabry, and this appeal is by the proponents of the will. The trial court submitted but one issue to the jury, in response to which the jury found that at the time Mrs. Mabry executed the will she did- not have thé testamentary capacity to do so. From a judgment of the county court upholding the will and its own judgment previously rendered in probate thereof, the appellees removed the case to the' district court by writ of certiorari where it was tried with the…