Noyer, Exr. v. Ecker

Appellees brought this action to contest the will of their mother, Mary V. Noyer, deceased. Their complaint alleged the will was obtained by undue influence, it was unduly executed, that the pretended will is not the last will of testatrix, that it was executed under duress and coercion, and that testatrix was of unsound mind and incapable of making a will. Trial to a jury resulted in a verdict in favor of appellees setting aside the will. Judgment accordingly.

The error assigned here is the overruling of appellants’ motion for a new trial. The specifications of that motion are that the…