Kiddell v. Labowitz

Summary

The Court affirmed the judgment sustaining the June will, holding that the presumption of testamentary capacity did not disappear merely because the contestants introduced evidence that could rebut it. Because the circuit court did not rule that the presumption had been rebutted as a matter of law, it properly instructed the jury on the presumption and properly denied the motion to strike. The Court also held that conflicting evidence concerning the testator’s capacity created a jury issue rather than requiring judgment for the contestants.