Russell v. Russell

MYERS, J., pro tem.

This is an appeal from an order revoking the probate of a will on a contest instituted after probate. The grounds of contest were insufficient execution, undue influence and mental incompeteney. A nonsuit was granted as to the first two grounds, and the issue submitted to the jury on the third, resulting in a verdict for the contestant. Proponents appeal on the grounds of insufficiency of the evidence and errors of law. Contestant is a daughter of the testator, and the will under contest bequeathed the entire estate to Ella F. Russell, the second wife, and named her and…