ANNA E. GOTTHARDT ET AL., APPELLANTS,
v.
GEORGE A. ADLUNG, APPELLEE

D.C. Cir. | 1957-06-13
No. 13554
Before Prettyman, Washington an Burger, Circuit Judges.
246 F.2d 674 United States Court of Appeals for the District of Columbia (1957) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellee is the executor of the will Mamie Ross who died March 10, 195 The will was executed March 5, 195. Appellants, beneficiaries under a pri will, filed a caveat contesting the due e ecution of the will and the testatri testamentary capacity, and asserting t" will was procured through the fraud, ceit, undue influence, duress and coercí of appellee, and that it was not the 1 will of the testatrix. The trial co directed a verdict for appellee at close of appellants’ evidence on the iss relating to due execution and fraud deceit. Thereafter, the jury retur verdicts for the appellee-executor find that the testatrix had testament capacity to execute the will, that appe had not obtained the will by undue fluence, duress or coercion, and that March 5 instrument was the last wil the testatrix. The District Court tered judgment admitting the wil probate and granting letters t' mentary to appellee.

On appeal appellants urge as gro for reversal that the trial judge mad roneous rulings in the admission exclusion of evidence, that he impro instructed the jury concerning the 1 undue influence and that the app counsel engaged in asserted preju conduct at the trial.

We have reviewed appellants’ c tions and conclude no error oc which would warrant our disturbi judgment appealed from. The jud of the District Court is therefore

Affirmed.


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