Macewen v. State

In this caveat proceeding the appellant, John L. Arbogast, individually and as executor of the estate of George L. Arbogast, deceased, was the caveatee or defendant below, and Cleona MacMillan, Virginia Finn and George Ross Arbogast were the caveators or plaintiffs. Three issues pertaining to the last will and testament of the deceased -- the factum of the will, undue influence and mental capacity -- were framed by the Orphans Court of Allegany County and sent to the Circuit Court for Allegany County for trial by a jury. At the trial the lower court directed a verdict for the caveatee as to the factum of the will but refused to grant motions for directed verdicts in favor of the caveatee on the issues of undue influence and mental capacity, at the close of the caveators case, and again at the conclusion of the whole case. The verdicts of the jury on both of the issues submitted to it were in favor of the caveators to the effect that the will was procured by undue influence and that the testator lacked mental capacity