Black v. Funk

The opinion of the court was delivered by

Burch, J.:

The action in the district court was one to contest the will of Mattie J. Adams. The grounds of invalidity relied on were mental incapacity of the testatrix and fraud and undue influence practiced on her by Ralph L. Funk. The court sustained the will except as to certain provisions in favor of Funk. These were set aside as having been induced by his undue influence and fraud, and he appeals.

Funk was the physician of the testatrix for several years before her death, and was also her attorney in fact for the transaction of her business. He…