Hendren v. Brown

CLAY, Commissioner.

This is a will contest. After a trial resulted in a hung jury, the circuit judge granted judgment upholding the will under CR 50.02. On this appeal contestants contend they were entitled to another jury trial on three grounds.

The principal controversy concerns a holographic will apparently executed by the decedent, a middle aged widow, on July 1, 1946. She subsequently executed a codicil on April 26, 1952, properly attested by two witnesses. She died about five years later.

The beneficiaries of the will were á niece and nephew, both of whom had lived with her for several…