Simnitt v. Kneemeyer

The opinion of the court was delivered by

Marshall, J.:

The plaintiffs commenced this action to set aside the will of James H. Boettcher on the ground of undue influence exercised over him and on the ground that he did not have sufficient mental capacity to make a will. The action was tried without a jury. Judgment was rendered in favor of the defendants on the evidence introduced, and the plaintiffs appeal.

The only question argued is that judgment should have been rendered in favor of the plaintiffs on the evidence. They contend that undue influence was exercised over John H. Boettcher, and…