Perschbacher v. Moseley

NOBLE, justice.

A copy of 'an instrument purporting to be the last will of Katie Perschbacher, deceased, was admitted to probate over the protest' of'Mary E. Moseley, mother and sole' heir at law of the decedent. The original instrument was alleged to have been lost or mislaid after decedent’s death. On appeal to the district court, the issues were tried to a jury and resulted in a verdict finding that Katie Perschbacher died testate leaving a valid and unrevoked will. A motion for judgment notwithstanding the verdict was denied and this appeal followed.

The protestant relies heavily upon the…