In re the Estate of Smith

was a contest in the court below over the probate of the alleged will of John B. Smith. The contest was inaugurated by Harry B. Smith and Allie W. Plumb, son and daughter of deceased, upon the grounds: —

There were other objections to the will, but the evidence was confined to the one above stated, upon which the contest was determined; hence the others are unimportant here.

Upon the objection stated, the following issue or question was submitted to the jury: “Was John B. Smith of sound and disposing mind and memory when he made the proposed will, to wit, on December 28, 1878?” To this the jury returned for answer, “Ho.”

A decree was entered January 27, 1892 (the day the verdict was filed), adjudicating that said John B. Smith, at the date of the execution of the will (December 28,1878), was not of sound and disposing mind and memory; and refusing to admit the alleged will to probate. Octavia Susie Smith, the proponent, in due time gave notice of a motion for a new trial, upon the grounds: 1. Insufficiency of the evidence to justify the verdict. 2. Errors of law occurring at the trial, and excepted to by the proponents of the will.

A statement in support of the motion was…