Estate of Dolbeer

This is a contest over the admission to probate of the last will of Bertha M. Dolbeer. The contest was instituted by a maternal uncle of deceased upon the sole ground that at the time of the making of the will Bertha Dolbeer had not testamentary capacity, by reason of her insanity. The cause was tried before a jury, which jury rendered a unanimous verdict in favor of the proponents.

Contestant concedes the sufficiency of the evidence to. support the verdict of the jury, but urges certain rulings of the court in admitting and rejecting evidence, and in giving and refusing to give instructions to the jury as grounds for reversal. Respondents meet this with the argument that the concession of the appellants that the evidence is sufficient to support the verdict does not go far enough, that in truth the evidence admitted in the case, even considered with all the offered and rejected evidence of contestant, would support no other verdict than that which was given. Proponents, therefore, invoke the application of the rule,-'well settled, that where the result could not have been different this court will not disturb a judgment for errors which have not prevented a party from making out…