Howard v. Ramsey

Opinion of the Court by

Stanley, Commissioner

Affirming.

An instrument probated as the will of Henry Howard devised' bis estate equally to his wife and brother, Noah ITowárd. It was contested upon the grounds of forgery and, alternatively, of mental incapacity and undue influence. We reversed a judgment sustaining the will because the court had erroneously required the contestants to elect as between their allegations of forgery and of incapacity and influence. Ramsey v. Howard, 289 Ky. 389, 158 S. W. (2d) 981. On a second trial the jury disagreed. On the third trial the verdict was that the…