Estate of Melvin

This is an appeal taken from a judgment in favor of respondent on a petition for revocation of probate of the will of M. E. Melvin, deceased. The contest was on three grounds: First, that the decedent was of unsound mind at the time of the execution of the will; second, that the purported will was not executed in the manner required by law, in that the purported will was not, in the form in which it now appears, signed by the decedent in the presence of the witnesses, nor signed by the witnesses in the presence of the deceased; third, that the execution of the purported will was procured by undue influence exercised upon the decedent by his daughter named executrix of the will, Mabel Melvin Simington, and a sister of the deceased, May Melvin. After the contestants had rested, the court granted respondent’s motion for a nonsuit as to the second and third causes of action or grounds of contest and denied the motion as to the first cause of action. Upon submission of the ease a verdict was returned that the deceased was of sound mind at the time of the execution of the will.

Appellants concede that the trial court properly granted a nonsuit as to the second ground of contest, but…