Johansen v. Schuettig

This is a will contest case. Thomas Piercen, to whom we hereinafter refer as testator, died on February 22, 1945, leaving a last will and testament dated September 17, 1938, which was filed for probate in the county court of Routt county. Caveat and objections to its probate were sustained, and on appeal the district court held that the will had been properly executed and withdrew that question from the consideration of the jury. The court then submitted the questions of testamentary capacity and undue influence to the jury in two interrogatories. The jury found testator was of sound mind and…