Estate of Ivey

From the record it appears that Anna M. Ivey made her will by which she devised and bequeathed the greater part of her estate to her two living daughters. Following her decease, and after her will had been admitted to probate, two of her grandchildren, who were children of a deceased daughter of the testatrix, instituted a contest of the will on each of the grounds of insanity and of undue influence. On the trial, at the close of the evidence introduced by contestants, on motion made by the proponent of the will, the trial court ordered a nonsuit as to each of the issues presented by the contest, and judgment was entered accordingly. It is from such judgment that this appeal is taken.

While the notice of appeal purports to be taken from “the whole” of the judgment, the only point presented for consideration of this court is “whether or not Mrs. Ivey at the date of the execution of the will was of sound mind.”

In substance, it appears that the evidence adduced by the contestants on the trial of the action showed the following state of facts: At the time the will was executed Mrs. Ivey was niney-two years of age. She was nearly blind, and because of her infirmities was constantly…