In Re the Will of Franks

Tbe grounds relied upon by tbe caveators in tbe trial below were non-execution, mental incapacity and undue influence.

Tbe caveators except and assign as error the following portion of bis Honor’s charge: “Now, Gentlemen, if this evidence satisfies you by its greater weight that Mr. T. M. Franks did sign this paper in tbe presence of Mr. Johnny Murray and Mr. F. T. Carroll, and asked them to sign it as subscribing witnesses and be also signed it, and has further satisfied you by its greater weight, tbe burden being upon Mr. D. P. Franks, that they were told by him that be bad signed tbe paper…