In Re Devine's Estate

Lawrence DeVine died testate in Comanche county, where he resided, on May 20, 1935. His will was duly admitted to probate. Thereafter Kelly DeVine, his nephew, who was bequeathed a small sum under the will, filed a contest under section 1110, O. S. 1931, 58 O. S. A. § 61. The county court upheld the will, and on appeal the district court impaneled a jury and submitted to it certain interrogatories, which were answered favorably to contestant, nine jurors signing the answers. The court, however, upon motion of proponents, disregarded the findings of the jury, and rendered judgment sustaining…