Wisner v. Chandler

The opinion of the court was delivered by

Burch, J.:

The action was one to set aside the will of Henry. Wisner, deceased, on the grounds of mental incapacity find undue influence. A jury was called to make findings upon .those issues. The jury found that the testator was of sound mind, but that he was unduly influenced. The court set aside both findings, made findings of fact of its own, and concluded that the testator was not unduly influenced, but that he did not possess sufficient mental capacity to make a will. Judgment was rendered accordingly, and the executors and certain beneficiaries…