Estate of Thomas

A purported will of the deceased was offered for probate. A contest was instituted before probate, it being alleged that the purported will was a forgery. Issue was joined, trial was had before a jury upon the special issue propounded in the following interrogatory: “Did the deceased, J. W. Thomas, subscribe his name to the instrument purporting to be his last will and testament filed in this court on the 8th day of December, 1905?” The jury answered “No.” The court adopted this special verdict and made findings against the validity of the will, and by its decree denied it probate. John R. Young, the proponent of the will and named therein as sole executor, moved for a new trial. A statement for use on the motion was settled and filed October 14, 1907. Thereafter, on October 30, 1907, before the decision upon the motion for a new trial, the contestants served notice on proponent and his attorneys of a motion to ■set aside the certificate to the statement and to amend the statement, upon the ground “that the statement now on file •does not truly represent the case.” A hearing was had upon this motion, evidence was by the court taken, and the court ■“being satisfied that said…