184 Ind. 415 | Ind. | 1916
Suit by appellees to contest, after probate, 'the will and a codicil thereto, of Thomas Nock, deceased, because of alleged unsoundness of mind, and undue influence. There was a trial by jury, which found both will and codicil invalid. Appellants rely, for reversal of judgment, on alleged errors in the giving and refusal to give to the jury of certain instructions. The testator was a native of England and, with his wife, came to Indianapolis in 1870, where they subsequently lived.
Note. — Reported in 111 N. E. 419. As to testamentary capacity, see 117 Am. St. 582. On how far a will is modified by a codicil see 1 L. R. A. (N. S.) 397. For a discussion of preponderance of evidence as determined by mere number of witnesses, see Ann. Cas. 1913 D 676. See, also, under (2) 40 Cyc 1217; (3) 38 Cyc 1750.