Gutzmer v. Nelsen

This is a suit in equity to set aside a deed on the ground that it was procured by undue influence. It was brought by three of the children of the grantor, who died intestate November 29, 1927, against their brother, who is the grantee. From a decree finding the allegations are not sustained by the proof and ordering the petition dismissed for want of equity, plaintiffs appeal.

While we said that (Ane) Marie Nelsen (Nielsen) died intestate, it is true she left a will. But that will,. executed July 14,1926, was adjudged by the district court for Douglas county not to have been established,…