Shaw V. Duro

On May 16, 1941, the will of John Heber Duro was admitted to probate in the district court of Polk County, Iowa. Thereafter plaintiff, hereinafter for convenience designated as contestant, who is the daughter and only child of said John Heber Duro, brought this action to set aside such order of probate against Evelyn Irene Duro, executrix, and against Evelyn Irene Duro personally. The grounds alleged were that the will was not duly executed, lack of testamentary capacity, and undue influence. To the petition answer was duly filed by defendant, herein named as proponent, and trial was had thereon. At the end of contestant's testimony the court overruled proponent's motion for directed verdict, and at the end of all the evidence the court took from the jury the question of defective [234 Iowa Page 780]