In re the Will of Kalua

Citations

• 23 Haw. 149
• 1916 Haw. LEXIS 36

Syllabus

<p>Wills — undue influence — evidence.</p> <p>Where in the contest of a will the only evidence tending to show undue influence was testimony that the attorney who, acting under the instructions of testatrix, drew the will was a member and trustee of a church organization which was named as one of the beneficiaries in the will; and that such attorney, having himself first declined the request of testatrix that he act as executor and trustee under the will, suggested the name of a trust company to act in that capacity, which suggestion was adopted and acted upon by the-testatrix, the evidence wholly fails to show any undue influence with respect to the making of the will and was insufficient to submit the issue to the jury.</p> <p>Wills — contest—trial try jury — directing verdict.</p> <p>Upon the trial in the circuit court upon appeal from a judge sitting as a court of probate in the matter of the probate of a contested will, the contestant is entitled to have the issues tried by a jury, but the court may in proceedings of this sort, where the facts of the case require it, direct a verdict.</p>