State of Hodgdon

This is an appeal from an order granting a nonsuit and denying the petition of the contestant and appellant for the revocation of the will of Ida Olive Hodgdon, deceased, and also from an order denying his motion for a new trial.

The petition of the contestant for revocation of the will in question was based upon several grounds, but the only one of these grounds of contest upon which evidence was presented at the trial, and the only ground urged upon this appeal why such will should have been revoked, and why the order granting a nonsuit and denying the petition of the contestant and appellant for its revocation and for a new trial, should be reversed, is the ground of undue influence, claimed to have been exerted by Herbert F. Hodgdon, the husband of said decedent and sole devisee under the terms of said will, in the procurement and execution of the same.

Upon the trial the court granted a motion for nonsuit at the close of the contestant’s case; and upon these appeals this court is asked to determine the sufficiency of the contestr ant’s evidence to entitle him .to have the case go to a jury upon the sole issue upon which the evidence was presented as above set forth.

The…