136 Iowa 335 | Iowa | 1907
Ah instrument purporting to be tbe will of Christina Ryan, deceased, was offered for probate by defendant, her surviving husband and sole.devisee, and probate was granted without contest. Subsequently this action was commenced by plaintiffs, who are the children of Christina Ryan by a previous marriage, to set aside the order of probate.
7' e?ÍdenceTt° is^preciudei issue as to undue influence, is not well founded; for the evidence as to such declarations was' introduced by plaintiffs in making out the affirmative case on that issue. They cannot now claim, after having put the evidence before the jury, that it should not be considered on that question. The issue as to coercion and duress was properly withdrawn from the jury, because there was no evidence to support a finding on that ground in plaintiff’s favor.
We discover no error in the record, and the judgment is affirmed.