Cocanougher v. Cocanougher

HONORABLE R. D. McPHILLIPS, District Judge,

sitting in place of MR. JUSTICE CASTLES, delivered the Opinion of the Court.

Will contest wherein, after the jury found undue influence, the district court refused to grant contestees a new trial and they have appealed.

This case, under almost identical facts, was previously before this court in Estate of Cocanougher, 141 Mont. 16, 375 P.2d 1009. In that ease the jury found that the testatrix was competent to execute a will, but did so under undue influence. Although fraud was alleged, the court granted a motion of nonsuit as to that question. There,…