Harper v. Harper

The opinion of the court was delivered by

Graves, J.:

This is an action to set aside a will because the testator did not possess testamentary capacity when the will was 'made and because of the undue influence of the principal legatee in causing the will to be made. The action was brought by several of the smaller legatees. The will was sustained by the district court, and the plaintiffs appeal.

The principal error of which the appellants complain is the failure of the court to file findings of fact and conclusions of law separately, as requested. It is claimed that the paper filed purporting to…