BYRD v. BYRD

21997

279 S.C. 425 (1983)

308 S.E.2d 788

James Otto BYRD, as Executor of the Last Will and Testament of Otto Byrd, Appellant, v. Jimmy W. BYRD, Helen B. Posten, Richard E. Byrd, Mildred Patricia James, Pauline Frances Hathaway, Raymond F. Byrd, Nathan E. Byrd, Nellie L. Meadows, Johnny M. Byrd, Elliott C. Byrd, Albert Dean Byrd, and Jackie Lee Byrd, Respondents.

Supreme Court of South Carolina.

November 2, 1983.


Attorney(s) appearing for the Case

William H. Seals, of Law Offices of William H. Seals, and Charles T. Speth, Marion, for appellant.

John C. Lindsay, Bennettsville, and Henry Hammer, Columbia, for respondents.


Nov. 2, 1983.

NESS, Justice:

This is a contested will case. Appellant, James Byrd, son of the testator, Otto Byrd, and executor of the will, dated March 25, 1977, appeals from a jury verdict which found affirmatively (1) that the will was the product of undue influence exerted upon the testator, and (2) that the testator did possess sufficient mental capacity to execute the will.

The case was tried de novo after respondents, who are the remaining...

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