Stanzel v. O'Brien

CLAYTON, Justice.

This is a will contest in which Betty Chesbro, proponent, sought application to probate a will of Frank Stelzig, decedent, dated September 16, 1971. Appellants, heirs at law of the decedent, contested such application. Appellees intervened with an application to probate an earlier 1965 will and contested Chesbro’s application.

*578This appeal arises from the trial court’s granting of appellees-intervenors’ motion for leave to take a non-suit without prejudice. The record reflects that at the conclusion of the presentation of all the evidence by all parties and after all parties…