Estate of Gilham

This is a contest over the application of the defendant Jessie Chittenden to have admitted to probate the purported will of Nellie F. Gilham, deceased. The contest was filed by Kelsey M. Gilham, the son of the deceased. The defendant Jessie Chittenden answered the contest and a trial was had before the court sitting with a jury. At the end of the hearing the trial court submitted to the jury forms of several special verdicts, among others: “Question 1. Did Nellie F. Gilham subscribe her name at the end of the instrument (contestant’s exhibit 1) dated October 28, 1929? Answer. -. (Note. If question 1 above is answered ‘No’ then the jury need not find as to any other question.) ” The jury answered “No” and a judgment in favor of the contestant was entered on the verdict. Later the defendants moved for a new trial, basing their motion on all of the statutory grounds. The motion was denied and the defendants have appealed and have brought up a bill of exceptions.

The defendants contend that the verdict is not supported by the evidence. They assert that the contestant introduced no evidence excepting the testimony of Mr. Chauncey McGovern, an expert witness, whereas the defendants…