Estate of Stump

Emma A. Stump, a widow, died, leaving a will by which she gave the sum of one dollar to each of her eight brothers and sisters, and the remainder of her property to a nephew, Roy Zediker, and his wife, in joint tenancy. After the document was admitted to probate, David S. Zediker, a brother, Laura All, Susan Woodward and Carrie Foster, sisters, instituted a contest, alleging as grounds of opposition the mental incompetency of the decedent, that the will was not executed in the manner required by law, that it was the product of coercion and undue influence exerted by Roy Zediker upon the mind and will of the decedent, and that it was obtained through fraud, connivance, and conspiracy of the nephew and other persons practiced upon and against the decedent. Upon the conclusion of the testimony the trial court, over the objec tion of contestants, directed the jury to return answers favorable to the proponents on all the special issues about to be submitted to it relating to the mental competency of the decedent, and the due execution of the will, thereby leaving for the consideration of the jury only the questions as to undue influence and fraud alleged to have been practiced upon the…