Opinion
January 9, 1948.
March 22, 1948.
Before MAXEY, C. J., DREW, LINN, STERN, STEARNE and JONES, JJ.
Appeal, No. 29, Jan. T., 1948, from judgment of C. P., Carbon Co., Jan. T., 1947, No. 50, in case of Margaret E. McConnell v. Anna R. Hill. Judgment affirmed.
Appeal from probate of will. Petition for issue d.v.n. granted; issue tried in common pleas. Before GEARHART, P. J., specially presiding.
Verdict finding will not to have been that of decedent, motion by proponent of will for judgment n.o.v. refused, opinion by GEARHART, P. J. Proponent of will appealed.
Ben Branch, for appellant.
Frank X. York, for appellee.
In this issue devisavit vel non the question was whether a purported will was genuine or was a forgery. After a trial of eight days and an adequate and comprehensive charge taking up 58 typewritten pages, the jury rendered a verdict against the instrument. The trial judge, in refusing judgment non obstante veredicto and a motion for new trial, stated: ". . . we approve the verdict . . . the testimony adduced before the Jury warranted them in bringing in the verdict they did." Our review of the evidence convinces us that the trial judge committed no error. No useful purpose can be served by restating the testimony in support of and against the purported will. We accordingly affirm the judgment entered by President Judge GEARHART, specially presiding.