DENNY, Justice.
The grounds relied upon by the caveators in the trial below were non-execution, mental incapacity and undue influence.
The caveators except and assign as error the following portion of his Honor's charge: "Now, Gentlemen, if this evidence satisfies you by its greater weight that Mr. T. M. Franks did sign this paper in the presence of Mr. Johnny Murray and Mr. F. T. Carroll, and asked them to sign it as subscribing witnesses and he also signed...
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