Shoup v. Ketron

GARDNER, Commissioner.

The contestants of a will contend that the circuit court erred when it overruled contestants’ motion for a directed verdict on the ground that the propounders did not prove the proper execution of the will in that they failed to present available subscribing witnesses at the trial. The subscribing witnesses, although available, were not used in the circuit court trial to prove the execution of the will. The propounders of the will did introduce the scrivener of the will who testified that he was present when the testatrix and the subscribing witnesses signed the will,…