J. Benjamin Simmons, Caveatee v. Elsie M. Pinney, Caveators

The District Court order appealed from, denying probate to a will, was entered upon a jury finding of undue influence by a principal beneficiary. The conduct of the trial itself, including the instructions given to the jury, is not the subject of any serious exception here. 1 What is vigorously urged is that, in the light of the policy favoring free and untrammeled disposition of property upon death and the consequent burden borne by one who challenges a will made by a competent testator, 2 this case should not have been permitted to go to the jury at all, and that, in any event, the jury…