VAUGHAN v. MARTIN ET AL.

No. 268A14.

145 Ind. App. 455 (1969)

251 N.E.2d 444

VAUGHAN ET AL. v. MARTIN ET AL.

Court of Appeals of Indiana.

Filed October 15, 1969.


Attorney(s) appearing for the Case

Schultz, Ewan & Burns, Lafayette, and Cowger & Vaughan and Glenn R. Slenker, Sr., both of Monticello, for appellants.

Charles S. Sifered and John M. Guy, of Monticello, and Lynn O'Neill, of Logansport, Cable Ball, of Lafayette, and Albert W. Ewbank, of Indianapolis, for appellees.


No petitions for rehearing or transfer filed.

HOFFMAN, J.

This appeal arose pursuant to a judgment adverse to appellants (defendants below), on the question of the mental competency of James A. McIntosh, deceased, to execute his last will and testament. The jury, by its verdict, found the pretended will was invalid and its probate should be set aside. Prior to submission the court had instructed the jury that, as a matter of law, there was no evidence that...

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