GRAY, J.
This case is in this court on appeal from a judgment upon a directed verdict against the will of Fannie Polk, deceased. Two of the beneficiaries under the will of decedent feeling aggrieved at the outcome of the trial filed their notices of appeal and assigned the following errors:
"I. The court erred in removing the consideration of this case from the jury to effect the inequitable agreement between the contestants and the principal beneficiaries...
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