In Re Estate of Phillips

This appeal has resulted by reason of a contest regarding the validity of a codicil to the will of Jennie B. Phillips. The original will and one codicil were admitted to probate without contest. The cause was tried to the court, all parties having waived a jury trial. The trial court sustained the contestants’ motion made at the close of all the evidence which, we hold as hereinafter noted, was a motion to direct a verdict. The proponents of the codicil have appealed.

The testatrix was 90 years of. age at the time of her death. She had been in a hospital ■ during' July 1955 and again for a two…