29 S.D. 14 | S.D. | 1912
In September, 1910, the will of William H. Corson, deceased, bearing date June 1, 1910, was admitted to probate in the county court of Minnehaha county, under and by the terms of which will respondent was bequeathed a legacy of $3,000 in cash. At the same time, a codicil, attached to- said will, bearing date August 18, 1910, revoking the said legacy to respondent, was presented for probate. Respondent filed objections, contesting the admission to probate of said codicil, which- objections were passed upon by the county court and disallowed, and the said codicil was thereupon also admitted to probate. Respondent then perfected an appeal to the circuit court, wherein the contest presented by the objections to the probate of said codicil was tried de novo before the court and a jury. The court submitted to the jury two interrogatories to be answered, to-wit: (1) Was William H. Corson of sound and disposing mind at the time of subscribing said codicil? (2) Was William H. Corson acting under undue influence at the time of subscribing said codicil? The jury answered, “N-o,” to the first question, and “Yes,” to the second. The verdict being advisory only, appellants presented to and requested the court to make findings in their favor, which proposed findings were refused, and to- which refusal appellants duly excepted. The court thereupon adopted the findings of the jury and rendered judgment that said codicil was invalid, and that the judgment of the county court admitting said codicil to probate and dismissing the said contest be in all things reversed. Each and every one of the findings and conclu
The judgment of the circuit court is affirmed.