In Re Livingston's Estate

The sole question before us is whether the trial court correctly ordered that an instrument be admitted to probate as the last will and testament of William T. Livingston, notwithstanding the verdict of a jury finding that it was not his will. In our review we shall consider the testimony in the light most favorable to contestant. In re Niemschack’s Estate, 244 Mich. 469. We are to determine whether there is any evidence in the record from which the jury could properly find that undue influence was exercised or fraud committed on the testator. It is contestant’s claim that while any one fact…