Estate of Powell

Mary Josephine Powell died testate on May 28, 1927, at the age of fifty-five years. Tennessee Davis, mother of deceased, contested the will on four grounds—fraud, undue influence, mental ineompetency and mental ineompetency by reason of insane delusions. The cause was tried with a jury. The trial judge ordered a directed verdict on the first two grounds stated. The jury returned a verdict for the contestant on the ground of mental ineompetency. Thereafter the trial court entered judgment in favor of the proponents notwithstanding the verdict. The contestant has appealed on typewritten transcripts.

Upon the issue of fraud there is no 'pretense that any showing was made and this issue may be dismissed from consideration with the statement that the trial judge committed no error in directing a verdict on that issue.

Upon the issue of undue influence on the part of the beneficiary the evidence (if the testimony may be dignified by that appellation) tended to show nothing’ more than that the testatrix and the beneficiary had been the closest friends for a period of twenty years; that they were both devout followers of the Christian Science religion and both were known as…