Estate of Struve

This is a contest of an objection to the admission to probate of the will of Cecilia M. Struve, deceased. The cause was tried before the court sitting with a jury and resulted in a verdict in favor of the proponent of the will. The contestant has appealed on a typewritten transcript.

The contest was instituted by Edgar Struve, a son of the deceased. The grounds of the contest were unsoundness of mind and the exercise of undue influence by Elmer H. Struve, a grandson of the testatrix and the chief beneficiary under her will. The jury in answer to special issues submitted to it rendered special verdicts finding the deceased was of sound and disposing mind at the time of the signing of the will and that the will was not procured through the undue influence of Elmer Struve. On this appeal the appellant concedes that the testimony upon the issue of undue influence was conflicting and that the special verdict upon that issue is supported by evidence legally sufficient for that purpose. Our examination of the record convinces us that the only competent evidence was that in support of the special verdict upon this issue and that the issue might well have been taken from the jury at the…