Penn v. Jarrett

This is an appeal from the final judgment of the Circuit Court of Morgan County in a will contest case. The judgment followed a directed verdict in favor of the proponents after the contestants had closed their presentation of evidence on the sole issue of undue influence exercised upon the testator. We affirm.

Although, as usual, in a will contest case, the facts are quite lengthy, the ultimate facts in this case are simple. Erlene R. Morris, the decedent, executed a will in the office of her attorney and his secretary on March 27, 1979. She willed her property to her brother, D.R. Jarrett,…