Estate of Bleil

This appeal is from a judgment rendered in pursuance of an order of nonsuit in a will contest.

At the time the will was drawn the testatrix was eighty-two years of age. She left no surviving husband, children, father, mother, brother, or sister. Her property was devised and bequeathed unto her “good friend George E. Bell . . . for the term of his natural life, and at his death in fee simple to my (her) friend W. Jefferson Davis. ...” The contestants of the will are either surviving nieces or nephews of the testatrix. Although other grounds were alleged in the contest, the ground upon which reliance was finally placed by the contestants was that of undue influence.

The only point made by appellants herein is. that “the court erred in sustaining the proponents’ motion for nonsuit and taking the case from the jury.”

On a motion for nonsuit, it is a well-established rule that all contradictions, conflicts, and inconsistencies which may appear in the evidence adduced by the plaintiff shall be disregarded, to the end that the evidence as a whole may be viewed in its most favorable light as it affects the theory of the complaint. For the sole purpose of ruling on the motion, without…