Kelty v. Burgess

The opinion of the court was delivered by

Burch, J.:

The action in the district court was brought to set aside the will of George W. Parker, deceased. The grounds were, want of execution by the testator, want of proper attestation, want of testamentary capacity, and fraud and undue influence practiced by two of the beneficiaries. At the trial the advice *679of a jury was taken upon the questions of fact involved. Afterward the court set aside some of the findings of the jury, adopted the others, and made findings of its own contrary to those of the jury which were set aside. The result was that all…