49 S.C. 159 | S.C. | 1897
The opinion of the Court was delivered by
Mrs. Lucinda Drafts made a paper purporting to be her last will and testament on the 19th day of June, 1891, and soon thereafter, on the 9th day of September, 1891, died. This paper was admitted to probate in common form October 27th, 1891. At the instance of the appellant, Mrs. Ella Caughman, the judge of probate for Lexington County required said will to be proven in solemn form of law, and after hearing the case, 'on. the 25th day of October, 1894, filed his decree sustaining the -will. On appeal therefrom to the Circuit Court, the cause was heard before Judge Ernest Gary and a jury, February term, 1896. On motion of the contestant, the proponent consenting, the following issues were referred to a jury for their finding: 1. Was the paper purporting to be the last will and testament of Mrs. Lucinda Drafts, deceased, legally executed? To which the jury responded, yes. 2. Was there undue influence exercised over said Mrs. Lucinda Drafts to induce her to sign said instrument of writing? To which the jury responded, no. 3. Was the said Mrs. Lucinda Drafts of sound and disposing mind and memory at the time said paper is purported to have been executed? To which the jury responded, yes. Whereupon Judge Gary made his decree ad
We find no error of law in this case. The verdict of the jury and the concurring decree of the Circuir Judge are abundantly supported by ths evidence.
The judgment of the the Circuit Court is affirmed.'