Lembke v. Unke

I dissent. I do not agree with the conclusion of the majority that the evidence is sufficient to sustain the verdict of the jury.

It is well settled in this state that on an appeal from a judgment notwithstanding the verdict the question before this court is whether the evidence is sufficient to sustain the verdict. In re Hendricks’ Estate, 110 N.W.2d 417 (N.D.1961); Stormon v. Weiss, 65 N.W.2d 475 (N.D.1954); Keller v. Reichert, 49 N.D. 74, 189 N.W. 690 (1922).

The first family established the execution of the will by the two subscribing witnesses, Mr. Depuy and Mr. McEnroe, who were the only…