Rubiolo v. McNees

FRASER, Justice.

This case, although styled, a will contest by appellant, is actually an attempt to contest a will, in that plaintiff sought to establish her status as an adopted daughter of a Mrs. Mulfinger, now deceased, and as such, undertook to contest decedent’s will.

The case was appealed from County Court and tried in District Court to a jury. Only two issues were submitted to the jury, which were as follows:

Question 1: “Do you find from a preponderance of the evidence that, on or about the 12th day of December, 1921, Mary M. Mulfinger agreed with Mrs. Adel Rubiolo that she would adopt…