In re Estate of Lochmiller

The only claim contestants-appellants make is that the trial court erred in withdrawing from the jury, because of insufficiency of the evidence, the issue of undue influence. Contestants are the two sons, fifty-one and forty-five, and the daughter, forty, of testator's first marriage. Proponent, charged with exercise of undue influence, is testator's second wife, fifty-five, whom he married June 15, 1920, after the death of his first wife. The will was executed May 6, 1943, at an Omaha hospital, where testator, seventy-six, had been confined [238 Iowa Page 1233]