Estate of Mossman

This is an appeal from a judgment in favor of the proponents of the last will and testament of Phebe J. Mossman, deceased. The proponents of the will are the former attorney of decedent and executor named in her will, and a daughter of decedent by her first marriage; the contestant being a daughter by a subsequent' marriage. “The contest of will is based upon two grounds: to-wit, (1) Unsoundness of mind and mental incapacity and (2) Fraud, restraint and undue influence.”

At the close of contestant’s case, a motion for nonsuit made by proponents was granted as to the first ground of contest. Thereafter, when all evidence was introduced, a verdict was directed in favor of proponents as to the second ground of contest. From the judgment entered pursuant thereto, and from the order denying contestant’s motion for a new trial, this appeal is prosecuted. Appellant maintains that there was sufficient evidence to warrant submission of the issues to the jury; that the court committed error in that (1) it granted proponents’ motion for nonsuit; (2) directed the verdict; and (3) admitted in evidence the confidential statements made by decedent to two Christian Science practitioners.

At the…