Kimble v. First National Bank

*26OPINION

By the Court,

Eather, J.:

This appeal involves a will contest. The appeal is from judgment of the district court admitting to probate the will of Lucy V. Kimble, deceased. Upon completion of the appellant’s case the court took the case from the jury and ordered dismissal upon the ground that appellant had failed to prove a sufficient case for the jury. Rule 41 (b) NRCP. Appellant, son of the testatrix, opposed probate upon the ground that the decedent was not competent to make a last will and testament because of insanity and unsoundness of mind.

Appellant assigns as error the refusal of…