Dyer v. Souther

Summary

The court reversed the judgment sustaining Blanch Dyer's will because the evidence created a jury question on undue influence, including evidence of Souther's control or involvement, Dyer's impairment, and the disproportionate disposition. The court upheld directed verdicts on proper execution, found sufficient evidence to support testamentary capacity, and held that the admissibility of evidence concerning the homeplace would depend on its relevance and materiality at retrial.