HENRY M. FOWLER, APPELLANT,
v.
EMMA GUSCHEWSKY ET AL., APPELLEES

D.C. Cir. | 1955-04-07
No. 12134
221 F.2d 878 United States Court of Appeals for the District of Columbia (1955) Positive Treatment
Cited by 2 cases

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Holding

The court held that the trial court did not err in its rulings and that the verdict was supported by the evidence.


Facts & Procedural History

Propounders of a will appealed a district court judgment denying probate based on jury findings of lack of mental capacity and undue influence. Appell…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The propounders of what purported to be last will and testament of Laura D. Shackelford appeal from a judgment of the United States District Court for the District of Columbia which denied probate, pursuant to a jury’s finding that Mrs. Shackelford lacked mental capacity to make a will, and that her execution of the document in question had been ob tained by fraud and deceit, and by undue influence, duress or coercion.

Appellant says the court erred in permitting a certain deposition to be read in evidence, and that his cross-examination of a witness as to her interest was erroneously limited. He was also prejudiced, he says, by the fact that counsel for appellees constantly referred to a Dr. Cavanaugh and attempted to argue to the jury, that the doctor had examined Mrs. Shackelford, when the doctor’s testimony had theretofore been held inadmissible. Appellant also urges that the verdict was contrary to the evidence.

A careful consideration of the record convinces us that these contentions must be rejected. We see no error. Affirmed.


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