Whelan v. Burris

At the close of the contestants’ case the attorney for the proponent made the following motion:

“At this time, on behalf of Martha Whelan, I make a motion for a direct*188ed verdict in her favor that the appeal be dismissed, that the execution of the will of the testator be declared valid, and that the will be declared to be the legal, valid will of the testator, on the grounds and for the reasons that there is not sufficient evidence to support any verdict or findings of improper execution of the will or undue influence in the making of the will.”

This motion was resisted by the contestants and…