In Re the Will of Beale

Did the court below commit error, in refusing the motion of propounder at the close of caveator’s evidence, for a directed verdict, on the ground that the evidence was insufficient to be submitted to the jury as to fraud or undue influence? We think not. Proceeding to probate writing as will is not inter partes, but is a proceeding in rem. In re Brown's Will, 194 N. C., 583.

The evidence was to the effect that D. E. Beale was the husband of Eva R. Beale. They lived in Greensboro, N. C., and had one child, Emma Irene Beale, now about 13 years of age. They had been married about 14 years. D. E.…