Hamling v. Hildebrandt

This is an action to contest the will of Catherine A. Heineman, deceased, and set aside the probate thereof.

The complaint, which is in one paragraph, alleges the will to be invalid because of (1) mental incapacity of the testatrix; (2) duress; (8) fraud. In accordance with the verdict of the jury the will was adjudged invalid and the probate thereof was set aside.

The defendants William Hamling (brother of the deceased and beneficiary under the will), and William Hamling as executor of the will, appeal and assign as error the overruling of their motion for new trial.

They assert the verdict is…