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MANN v. CORNISH

No. 10408.

185 F.2d 423 (1950)

MANN et al. v. CORNISH.

United States Court of Appeals District of Columbia Circuit.

Decided June 12, 1950.

Attorney(s) appearing for the Case

Mr. Marcus Borchardt, Washington, D. C., for appellants.

Mr. Garfield C. Thompson, Washington, D. C., for appellee.

Before STEPHENS, Chief Judge, and WILBUR K. MILLER and BAZELON, Circuit Judges.

BAZELON, Circuit Judge.

Appellants filed a caveat to the will of Thomas Atkins, alleging fraud and undue influence exercised upon the testator by Joseph Cornish. Cornish is one of the beneficiaries under the will and was named executor thereof. After hearing the evidence, the lower court withdrew the case from the jury and directed a verdict sustaining the will. Appellants contend that the withdrawal of the questions of fraud and undue influence was error.

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