York v. Reay

Matson, Judge.

Appeal from an order denying a new trial in a will contest proceeding wherein the district court made findings that the will was not procured by undue influence and admitted the will to probate.

Since the existence of undue influence is a question of fact for the trier of fact,1 the sole issue upon this appeal is whether the findings of fact by the trial court are sustained by the evidence.

Testator Thomas Reay, an 85-year-old widower, died on June 28, 1955, a resident of Chippewa County. He was survived by a son, Arthur Ellis Eeay, and by two daughters, Clara and Mabel. The…