Kaiser v. Happel

Appellants filed objections to the probate of the will of Amelia Seip, deceased, naming ap pellees as defendants in the action which charged unsoundness of mind, undue execution, undue influence, and duress. Trial before a jury resulted in a verdict and judgment for the appellees. Motion for new trial was overruled on which ruling error is assigned. One of the questions properly presented in the motion is alleged error in giving at the request of appellees the following instruction:

“I instruct you that under the law, every person is presumed to be of sound mind until the contrary is proved…