IN RE GORTHY'S ESTATE

No. 34676

100 N.W.2d 857 (1960)

169 Neb. 769

In the Matter of the ESTATE of Laura B. GORTHY, deceased. Anna L. BENGE, Appellee-Cross-Appellant, v. Hazel A. SUTTON, Appellant-Cross-Appellee.

Supreme Court of Nebraska.

February 11, 1960.


Attorney(s) appearing for the Case

Ross D. Druliner, Jr., D. E. Owens, Benkelman, for appellant.

Leon C. Hines, Benkelman, George B. Hastings, Grant, for appellee.

Heard before CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.


CARTER, Justice.

This is a contest of the will of Laura B. Gorthy, deceased, on the ground of her incompetency when the will was made and that it was the result of undue influence. The trial court determined as a matter of law that deceased was competent at the time she made the will and submitted only the issue of undue influence to the jury. The jury found by its verdict that the will was the result of undue influence. The trial court sustained a motion for a new...

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