Dow

This is an action by the widow and minor child of Edwin Tyson Dow, deceased, against the mother, brothers, and sister of said decedent and certain corporation defendants to set aside, upon the ground of decedent’s mental incapacity and the undue influence of his rela tives, a certain transaction whereby Edwin Tyson Dow transferred his one-eighth interest in his father’s estate to the defendant George E. Dow Estate Company, a corporation, and took one-eighth of the stock of the corporation in return therefor. Defendants had judgment, and as the questions raised on this appeal may be briefly disposed of, it will be unnecessary to set forth the facts of the case herein.

Appellants’ main contention is that the evidence was insufficient to support the judgment, and their brief is devoted mainly to a discussion of the evidence. They claim that because their witnesses, the wife, nurses, and the intimates of Dow, saw him every day during his last illness, which began some time prior to the transfer, their testimony should, as a matter of law, have been accepted in preference to that of defendants’ witnesses, who saw Dow only occasionally, and that the failure of the trial judge so to…