Hillyer v. Ellis

The judge did not err in his rulings upon the admissibility of evidence, or in his instructions to the jury, of which complaint is made. They were correct as a matter of law, and were properly adjusted to the pleadings and the evidence. The case mainly turns upon a determination by the jury of the question whether the testator was of sound and disposing mind when the will was made. While there was some evidence that testator was irrational at several specified times, while suffering delirium, there was nevertheless no evidence that such was the case at the time he signed the will, but on the…