Swaringen v. Swanstrom

AILSHIE, Chief Justice.

This is an appeal from a judgment of the district court affirming an order of the probate court dismissing appellant’s contest of the will of Z. V. Swearingen, deceased. The will was admitted to probate February 27, 1945. Petition for contest was based solely “upon the ground of undue influence by the defendant [respondent herein]”. The trial court found that respondent did not unduly influence testator in making a will in his favor.

It follows as a matter of fact and law, that the only issue to be determined on this appeal is whether the evidence is sufficient to…