Loehr v. Starke

An opinion in this case by Westi-iues, C., was adopted by Division Two of this court. Of its own motion, the court transferred the ease to the court en banc. It was there argued, submitted and assigned for an opinion to the undersigned. On the oral argument the finding of facts in Division were challenged. On reexamination of the record said finding is sustained. We adopt that part of the opinion of our commission, which follows:

“This is a suit to set aside the last will and testament of Sidonia E. Loehr, deceased, for want of mental capacity and the exercise of undue influence. The jury…