In Re Gorthy's Estate

This is a contest of the will of Laura B. Gorthy, deceased, on the ground of her incompetency when the will was made and that it was the result of undue influence. The trial court determined as a matter of law that deceased was competent at the time she made the will and submitted only the issue of undue influence to the jury. The jury found by its verdict that the will was the result of undue influence. The trial court sustained a motion for a new trial because of an erroneous instruction given to the jury. The contestant has appealed, asserting that there was no prejudicial error in the…