In re Probate of the Will of Naoiwi

CONCURRING OPINION OF

PERRY, J.

The case for the contestants was, it seems to me, a weak one. Nevertheless there was evidence before the jury sufficient, to sustain a finding that the will was not the free and voluntary act of thei testatrix and that it was procured by undue influence. The verdict cannot under the circumstances be disturbed. The responsibility for the finding of fact is upon the jury. I concur in the conclusion that the exceptions must be overruled.