Estate of Motz

Henry Motz died ip July, 1900, leaving by will his property to his wife, who is the proponent of the will and respondent here. The appellant, who is a brother of deceased, filed a contest in which he alleged that the will was not properly executed, and that at the time of its purported execution deceased was acting under fraud and undue influence, and was not of sound and disposing mind. The respondent denied the allegations, a jury was impaneled to try the issues so raised, and returned a verdict in favor of appellant on each material issue. Findings were filed, adopting the special findings of the jury, and a judgment accordingly entered denying the probate of the will.

The court, on motion of respondent, granted a new trial, and this appeal is from said order. The grounds upon which the new trial was granted are not stated in the order, but we infer from the briefs that it was granted upon the insufficiency of the evidence to support the findings of the jury. It is well settled in this state that, though the evidence is conflicting, if the judge of the trial court is satisfied that the verdict is contrary to the weight of the evidence, it is his duty .to grant a new trial, and…