In Re Estate of Secrist

REES, Justice.

This is an action at law to set aside the probate of the will of one William H. Secrist. Plaintiff alleged undue influence and lack of testamentary capacity. Trial was to the court and at the close of all the evidence the court sustained a motion to direct, and plaintiff-contestant appeals. We affirm.

William H. Secrist died at the age of 85 years on December 26, 1967. He had been retired for a number of years and lived in a home owned by him, which he occupied in part, and a part of which he rented and had some little income from the rental thereof. His only other income was…