Law

This is an appeal from a judgment entered on the special verdict of a jury, setting aside the probate of the decedent’s purported last will and testament on two grounds; namely (1) incompetency and (2) undue influence. The contest was filed after the purported will had been admitted to probate.

The jury found affirmatively on each of the two issues, namely (1) that decedent lacked the requisite mental capacity at the time of executing her will on August 13, 1952, and (2) that undue influence was exerted by Sam Law who was both the executor and also one of the major beneficiaries.

The contestants are corporate charities of Illinois, and Dean Ernest Holmes, of the Church of Religious Science. Contestants (charities) were named as the principal beneficiaries in decedent’s prior (1945) will. The earlier will was executed by decedent on June 30, 1945, and a codicil thereto was executed on August 2, 1945.

Dean Ernest Holmes was named both as a contestant and as a respondent.

Appellants are the proponents of the will dated August 13, 1952, which was nullified on both grounds by the jury’s verdict. The proponents-appellants are: Sam M. Law, the named executor and one of the…