Loeser v. Simpson

This appeal is from a judgment in an action to contest a will, after probate, upon a complaint alleging that the testator was of unsound mind and the will unduly executed because of fraud, duress and undue influence. There was a general verdict setting aside the will. All questions herein discussed are properly raised by motion for a new trial the overruling of which is the only error assigned.

Aside from one question as to the admissibility of evidence, all the errors relied upon are based upon the rule that it is error for the court to give instructions which are not applicable to the…