In re the Purported Last Will & Testament of Bethune

MARTIN, Judge.1

At the close of the evidence, the propounders moved for a directed verdict, or, in the alternative, for a peremptory instruction to the jury “that if they believe the witnesses as to the execution of the Will that they should find the Will should be probated in solemn form and is the will of the late James Bethune.” The propounders have assigned error to the trial court’s denial of this motion on the basis that they had met their burden of showing a properly executed will and that the caveators had failed to present any evidence to the contrary. We disagree.

In a case such as…