Nelson v. Snyfeld

[562]

THE COURT.

This is a contest of the will and codicil thereto of the decedent. The contest was filed by Charles Nelson, a brother, and Arthur Nelson, a nephew of the deceased wife of the testator. The grounds of contest were: 1. Unsoundness of mind; 2. Undue influence exerted upon the testator by the respondent legatee, Myrtle L. Snyfeld; 3. That the will and codicil were not duly executed and attested by the testator and the subscribing witnesses. At the close of contestants’ case the proponents moved for a nonsuit, which was denied as to unsoundness of mind and undue influence but was granted as to the claim of want of due execution, there having been no evidence offered on this ground of contest. At the conclusion of the evidence proponents moved for a directed verdict in their favor on each of the two remaining counts, which the court denied. The case was then submitted to the jury which returned its verdict that the testator was of sound and disposing mind when the will and codicil thereto were executed, but that he was at such time acting under the undue influence of proponent Myrtle L. Snyfeld. Proponents thereupon, and before judgment was entered, moved the court for judgment for the proponents, notwithstanding the verdict, which motion was granted, and judgment was thereupon entered accordingly. It is from this judgment that the appeal herein is taken.

The sole question involved is whether or not the trial court erred in directing judgment for the proponents, notwithstanding the verdict in favor of the contestants on the ground of undue influence. If there is any substantial evidence in the record to show that the execution of the will and codicil were not the free and voluntary acts of the testator, but were the result of pressure which overpowered his volition at the time they were executed, the action of the trial court was unauthorized. The contestants urge that there is evidence in the record to support the verdict that the deceased was induced to make the will through the undue influence of the proponent Myrtle L. Snyfeld. We are of a like opinion. There was evidence to show that this proponent was a total stranger to decedent up to December 26, 1929. She met the deceased through her husband, an itinerant peddler, who had become acquainted

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