Thomas v. Thomas' Administrator

Opinion op the Court by

Stanley, Commissioner.Affirming.

The first trial of the contest of the will of Harry A. Thomas resulted in a verdiet finding that it was not his will. Conceiving that the evidence had not authorized an instruction on undue influence, the eontestee’s motion for a new trial was sustained. The second trial submitted only the question of inoompetency and resulted in a verdict sustaining the will. The contestant moved that the first verdict be substituted and the judgment rendered thereon instead of the last one. That motion was overruled, as was also the motion for a new…