In re Will of Notley

OPINION OF THE COURT BY

FREAR, C.J.

(Galbraith, X, dissenting.)

The court having held, ante, p. 435, that the trial judge did not err in directing a verdict for the proponents of a will and codicils, on the ground that there was no evidence upon which the jury could properly find for the contestants on the issue of undue influence, the contestants now move for a rehearing upon the following grounds:

1. That the decision is in conflict with an express statute to which the attention of the court was not drawn and which was overlooked by the court. The statute relied on is C.L., Sec. 1355, which…