Newman v. Stover

This is a suit challenging the validity of an instrument purporting to be the last will and testament of Merica Newman, deceased, on the ground of mental incompetency and undue influence. The proceeding, instituted first in the County Court, was, by virtue of § 13-502, O. C. L. A., transferred to the Circuit Court for Lake County to be tried and determined. At the conclusion of the contestant’s evidence, the trial court, on motion of the proponent of the will, dismissed the suit with prejudice. Prom this order of dismissal the contestant appeals.

The motion for an “involuntary nonsuit and for…