SMITH v. VICE

1921869.

641 So.2d 785 (1994)

Larry N. SMITH, v. Patsy VICE.

Supreme Court of Alabama.

April 29, 1994.


Attorney(s) appearing for the Case

Jack Floyd and Jane V. Floyd of Floyd, Keener, Cusimano & Roberts, Gadsden, for appellant.

Allen Millican, Gadsden, for appellee.


INGRAM, Justice.

Larry N. Smith, the proponent of a document he says was the last will and testament of Nellie K. Lowery, appeals from a judgment based upon a jury verdict in favor of the will's contestant, Patsy Vice. Vice, Lowery's daughter, contested the will, contending that Lowery had been unduly influenced and that Lowery had lacked testamentary capacity. The trial court, rejecting Smith's motion for a directed verdict, submitted both issues to the jury. The...

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