Estate of Hopkins

W. S. Hopkins, usually called Earl Hopkins, died on August 4, 1931, leaving a will executed on July 18, 1931, which was duly admitted to probate on August 21, 1931. On February 3, 1932, the contestant filed a petition asking that the probate of this will be revoked on three grounds, to wit: That the deceased was of unsound mind on the day the will was executed; that the will was procured by the undue influence, of Dr. E. L. Hopkins; and that the will was procured by false and fraudulent representations made by Dr. E. L. Hopkins. A jury found in favor of the contestant on each of the grounds named. The proponents moved for judgment in their favor notwithstanding the verdict. This appeal is from an order denying that motion and from the judgment entered, and is based entirely on the insufficiency of the evidence. This contention will be considered in connection with the several grounds of contest in the order named.

The deceased, who was about sixty years of age at the time of his death, had lived for many years in a small house owned by his brother, Dr. E. L. Hopkins, on the rear of the lot on which his brother’s home was situated. He was married to the contestant in 1925 and from…