ALDEN v. LEWIS, EXECUTOR

No. 42764.

248 Miss. 663 (1964)

160 So.2d 181

ALDEN v. LEWIS, EXECUTOR, et al.

Supreme Court of Mississippi.

February 3, 1964.


Attorney(s) appearing for the Case

Armis E. Hawkins, Houston; Roberts & Craig, Oxford, for appellant.

Travis, McKee & Franck, Green, Green & Cheney, Jackson; Jack N. Tucker, Tunica; James Stone & Sons, Oxford; L.G. Fant, Jr., Holly Springs, for appellees.


JONES, J.

Appellant was the contestant and appellees were proponents of the will and a codicil of Miss Kate A. Skipwith. The issues were: (1) Lack of mental capacity, and (2) undue influence. Both instruments were admitted to probate in common form. Thereafter the contest was filed.

A jury was empaneled but after the taking of evidence was concluded, the chancellor peremptorily instructed the jury to find for the...

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