In Re Estate of Cain

This is an appeal from a jury verdict and district court judgment denying probate of a will. The issues raised in the case were testamentary capacity and undue influence. We affirm the judgment of the district court, based on the jury verdict, denying probate of the will.

Richard M. Cain, the testator, was a resident of Sarpy County, Nebraska. He died on March 24, 1968, at the age of 66, leaving an instrument, dated November 5, 1965, purporting to be his last will and testament. Lloyd R. Holman, Jr., a nephew, was named as sole beneficiary in the instrument. Holman, the appellant here, was…