132 Minn. 379 | Minn. | 1916
On June 11, 1913, Jane Hetherington, a resident of Washington county and the owner of certain real and personal property situated therein, died leaving what purported to be her last will and testament. The will was thereafter presented to the probate court of said -county, and in the due course of procedure was duly admitted to probate. Certain of the surviving children, grown to maturity, appeared in the probate court and contested the allowance of the will upon the grounds: (1) That the testatrix was not of sound mind at the time it was executed; and (2) that she was induced to make and execute the same by means of the undue influence of her son William P. Hetherington. The probate court found the grounds of contest not supported by the evidence, .and from the order allowing the will contestants appealed to the district court. After trial of the issues in that court before the late Judge Stolberg, findings were made to the effect that testatrix was of unsound mind when the will was executed, and ivas acting under the influence of her son William. Thereafter proponent moved the court for a new trial on the ground that the findings of the court were not sustained by the evidence. Judge Stolberg having died, the motion was brought before Judge Nethaway, his successor in office, who made an order denying the motion. Proponents appealed.
The only question presented is whether the evidence is sufficient to support the findings of the trial court. Our examination of the record leads to a negative answer to the question; we find no sufficient evidence either of lack of mental capacity or of undue influence.
We have given the question careful consideration, and reach the conclusion that the finding cannot stand; it has no sufficient support in the evidence and must be set aside. A discussion of the evidence would
Order reversed.