Kraeski v. Clarke

Appellant, a niece of John Clark, deceased, filed in the District Court a caveat to his will. The court submitted the question of testamentary capacity to the jury, which found that there was capacity; but the court directed a verdict for appellee on the questions of fraud and undue influence. The question is whether that direction was error.

The will left an estate of some $6,000 to appellant’s brother, who is the appellee, and his wife. Appellant, appellee, and other nephews and nieces of the testator were his next of kin. He was an old man. lie had lived with appellee and his wife for…