Warnick v. Childers

MOREMEN, Judge.

By this action the appellants have contested the will of William Warnick on the grounds that he was unduly influenced in its execution and lacked mental capacity to make it. At the trial the court refused to submit to the jury the undue influence issue. The jury found the will to be valid.

The will under attack was executed by decedent on September 29, 1952, some three months before his death, and when he was about 75 years of age. The will is in simple form and contains the customary clauses relating to debts and funeral expenses. The bulk of the estate was given to a niece,…