Ainsworth v. Ainsworth

delivered the. opinion of the court.

This is a contest between two brothers over their mother’s will, plaintiff in error, Robert, being the contestant. Two juries, one of six men in the county court, and, on appeal, another of eleven men (one excused under stipulation) in the district court, sustained the will. Proponent is Alfred, defendant in error.

The testatrix was Elma E. Ainsworth, who died April 27,1935, at the age of eighty-five. She was the widow of the late William Ainsworth, who a number of years ago organized the manufacturing concern of William Ainsworth^ Sons which was…