Calloway v. Miller

SEYMOUR, Justice.

Appeal is made from final judgment of the district court entered pursuant to verdicts of a jury on two issues, the first finding that testator lacked testamentary capacity, the second finding that testator was subjected to undue influence.

Appellant Robert L. Miller, executor of the estate of W. T. Calloway (deceased November 15, 1951), presented the alleged will of decedent to the probate court of Luna County and notice of hearing thereon was given. Prior to hearing, appellee Zella Calloway, decedent’s cousin and a legatee under the purported will, filed her protest to the…