Elim Missionary Assemblies v. Cunningham

Following a special jury verdict in a will contest before probate, a judgment was entered admitting Maude Straisinger’s will to probate. Contestants appeal from the judgment.

In their written opposition to the probate of the will, contestants specified five grounds: Unsound mind, improper execution of the will, fraud, undue influence, and estoppel. Improper execution was abandoned at pretrial; the causes of action based upon unsound mind and estoppel were dismissed on a motion for a nonsuit at the close of contestants’ case; and the jury was directed to find against contestants on the fraud…