Herwick

This is an appeal by Maria M. Lang-ford, widow of Charles E. Langford, deceased, and proponent in the lower court of his last will, from a judgment denying probate of said will, and from an order denying her motion for a new trial.

The probate of the will was contested by children of the decedent by a former wife, upon the grounds that he was mentally incompetent to make a will, and that it was procured to be made by the fraud and also by the undue influence of appellant. In answer to interrogatories propounded to the jury they found that at the time of the execution of the will and also at the time of the execution of a certain codicil, the decedent was of sound and disposing mind and memory, but that it was *613 procured by the fraud and also by the undue influence of the appellant.

The finding of fraud may be dismissed with the remark that there is no evidence to sxipport it.' The alleged fraud was that the appellant falsely and fraudulently represented to the decedent that the contestants cared nothing for him, had no love for him, and only wanted his money. There is nothing in the evidence to support these averments.

As to the finding of undue influence, the contentions of…