Betts v. Lonas

SCHWEINHAUT, District Judge.

This is an appeal from a judgment of the District Court admitting a will to probate. The case was tried on three issues: (1) Was the will executed and attested in the manner required by law?; (2) was the will procured by fraud?; and (3) was the will procured by undue influence or duress? At the conclusion of the case the trial judge directed a verdict upon issues (2) and (3). We think he was clearly right since there was no evidence of substance which would have supported a verdict against the will on either of these questions. He submitted to the jury the question…