Allman v. Malsbury

The appellants commenced this action to contest and set aside the probate of the will of John J. Miller. The grounds asserted were unsoundness of mind, fraud, undue influence and that the will was unduly executed. The cause was placed at issue and submitted to a jury which by its verdict found against the appellants and that the will was valid. A motion for a new trial was filed and overruled and this appeal questions the action of the court in its ruling on said motion. The evidence is not in the record; the appeal is based on § 2-3223, Burns’ 1933; and the certificate of the court states…