Hall v. Childress

DAVIS, Commissioner.

Appellants are contesting the will of the late Sarah C. Hampton. The circuit court directed a verdict upholding the will; the appellants assail that judgment in two respects: (1) The court should have directed a verdict against the will since the original will was not presented in the circuit court trial, and (2) there was sufficient evidence to submit to the jury whether appellee Childress had exercised undue influence upon the testatrix.

The testatrix was a widow, 69 years of age, when she died on June 28, 1962, a resident of Jefferson County. The principal beneficiary of…