Estate of Morcel

This is an appeal from a judgment refusing ro admit to probate a paper offered as the last will of deceased, and from an order denying the proponent’s motion for a new trial.

The paper was one executed by “Therese Berthol” on January 30, 1908, with all the formalities required by law for the execution of wills. By its provisions the contestant, a natural daughter of deceased, was given ten dollars only, one Marie Doyen Morcel, wife of J. Vincent Morcel, was given the jewelry and personal effects of deceased, and all the rest of her property, amounting in value to some eighteen thousand dollars or twenty thousand dollars, was given to Joseph Morcel. Said Joseph Morcel' and Gustave Kleinclaus were appointed executors without bonds.

The ground of contest was undue influence on the part of said Morcel, who was alleged by the contestant to have lived with her mother for many years in the relationship of man and wife, although never legally married. The contest was tried with a jury, to which were submitted the issue of undue influence and the issue of marriage' or no marriage between deceased and Morcel. The jury found in favor of contestant upon both issues, viz: that the will was…