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CITIZENS STATE BANK, EX'TR. ETC. v. KELLEY

No. 19,056.

130 Ind. App. 376 (1959)

162 N.E.2d 322

CITIZENS STATE BANK, EXECUTOR ETC. ET AL. v. KELLEY ET AL.

Court of Appeals of Indiana.

Rehearing denied January 15, 1960.

Transfer denied February 26, 1960.

Attorney(s) appearing for the Case

Atkinson & Sanders, of Auburn, and C.E. McClintock, of Waterloo, for appellants.

Grimm & Grimm, Howard S. Grimm, Jr., of Auburn, and Springer & Angelone, of Butler, for appellees.

GONAS, C.J.

Appellees brought this action to contest the will of one Herschel Clyde Kelley. Trial to a jury resulted in a verdict for the appellees deciding that the instrument probated is invalid, that it is not the last will and testament of decedent and that its probate should be set aside. Judgment was rendered accordingly.

Appellant contends that the action of the court in submitting the cause to a jury for trial is error. It

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