In Re Estate of Eiker

Stiger,. J.

The will, executed November 23, 1939, devised the home of testatrix, valued at $2,500, to appellee, and after making eleven personal bequests aggregating about $1,700, bequeathed the residue of the estate, estimated value about $15,-000, to appellant, Lyle Doan, who was not related to testatrix. He was named executor without bond.

I. Appellant’s first assignment of error is that the court erred in overruling his motion to withdraw from the consideration of the jury the' issue of undue influence because of insufficient evidence to warrant its submission. The burden of proof was on…