Garcia v. Barrera

GRISSOM, Chief Justice.

Homero Barrera offered the will of Otilia G. de Olivarez, deceased, for probate and sought to be appointed independent executor of her estate. Mauro Garcia and others, who alleged they were heirs of the deceased, opposed probate of the will, alleging that Mrs. Olivarez lacked testamentary capacity and that it was procured by undue influence. Upon a trial in the District Court, after introduction of all the evidence and after both sides had closed, the proponent filed a motion to strike certain pleadings of contestants and for an instructed verdict. The contestants then…