Dufek v. Klufa

Citations

• 78 Okla. 13

Syllabus

<p>(Syllabus by the Court.)</p> <p>1. Wills — Qualifications of Attesting Witnesses — Knowledge of Testator’s Foreign Language.</p> <p>On proceedings to probate a non-holographic will, it was shown that the testator could speak and understand only the Bohemian language. The three witnesses who purported to attest the execution thereof could speak and understand the English language; two of the three could understand Bohemian language, but only one of such attesting witnesses could both speak and understand said language. The declaration of the decedent in the Bohemian language that the instrument was his will, and the request that the witnesses sign the same was understood by the two witnesses who understood the Bohemian language, and they thus became qualified subscribing and attesting witnesses as required by section 8348, Rev. Laws 1910.</p> <p>2. Wills — Fraud—Undue Influence — Judgment — Evidence.</p> <p>Record examined, and the judgment of the trial court on the issue of fraud and undue influence held not to be clearly against the weight of the evidence.</p> <p>3. Appeal and Error — Discretion of Trial Court — New Trial.</p> <p>A motion for a new trial on the ground of newly discovered evidence is addressed to the sound discretion of the trial court, and where the record does not show an abuse of such discretion the court’s action on such motion will not be disturbed by this court.</p>