165 Ind. 672 | Ind. | 1905
This action was brought by appellants to resist the probate of the will of Ann Maria Stamets, on-the ground that said will was executed by the testatrix while of unsound mind, and that the execution of the same was procured by fraud and undue influence. The cause was tried by a jury, and resulted in a verdict for appellees. Appellants’ joint motion for a new trial was overruled, and they severally excepted. Judgment was entered upon the verdict. All questions upon appeal are presented by the joint assignment that the court erred in overruling appellants’ motion for a new trial.
The motion for a new trial was founded upon alleged errors of the court in giving instructions, in refusing to give instructions requested, and in permitting a witness for appellees to answer an improper question, and upon the alleged misconduct of a juror.
It is also well settled that where a motion for a new trial is based upon the alleged misconduct of a juror, and the trial court hears evidence, either orally or by affidavits, touching such misconduct, its conclusion upon conflicting statements will not be disturbed by this court upon the weight of such evidence. Hinshaw v. State (1897), 147 Ind. 334, 379; Louisville, etc., R. Co. v. Hendricks (1891),
No reversible error appearing from the record, the judgment is affirmed.