Van Sickle v. Stroud

OPINION

LANGDON, Justice.

This suit is in the nature of a will contest, i.e., the contest of the probate of an alleged codicil to the will of Mrs. Fanny M. Manners, whose will had previously been admitted to probate. Application to probate the codicil was refused in the Pro bate Court. On appeal to the District Court a jury requested by the proponent of the codicil was duly empaneled for trial. When the proponent concluded the presentation of his evidence the contestant moved for a directed verdict. The trial judge in granting the motion withdrew the case from the jury and rendered judgment…