Schrodt's v. Schrodt

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing.

This is a contest over the will of Mary M. Schrodt, who died a resident of Jefferson county, on May 4, 1916. The grounds of contest were mental incapacity and undue influence, and both issues were submitted to the jury. The jury found that the will was obtained by *175undue influence. Judgment was entered accordingly and the propounders appeal.

At the time of her death testatrix was 74 years of age and unmarried, and left surviving her one sister, Emma S. Butterweck, three brothers, Wm. Schrodt, John T. Schrodt and James Schrodt,…