Adams v. Adams , 1923 Tex. App. LEXIS 383 ( 1923 )

On Rehearing.

In holding that the court’s charge on the issue of undue influence was on the weight of the evidence, it appears that we are in conflict with Robinson v. Stuart, 73 Tex. 267, 11 S. W. 275, a case not called to our attention on the original submission. In that case the Supreme Court approved a charge very similar to the charge given in this ease. It would appear that a charge of this character on the issue of undue influence is not on the weight of the evidence.

All other matters assigned by appellee have had our most careful consideration, both on oral argument and on written briefs, and are overruled.