Estate of Myers
Opinion
lead Opinion
The will of deceased was filed for probate Oct. 24, 1878, and contained the following clause:
*206 Oct. 28, 1878, E. J. Farren, as an heir, filed objections to the will on the grounds:
To which, the proponents demurred on the grounds:
The demurrer was overruled as to the first point and sustained as to the second point.
Nov. 11, 1878, said E. J. Farren filed an amended opposition, on the grounds:
1st, 2d and 3d, the same as in the former opposition;
4— That in said proposed will it is stated that certain legacies which the decedent desired made had been and were provided for in an instrument then already executed, to wit, the will of John Myers, husband of deceased; that said will of John Myers was executed at or before the execution of the proposed will, and that the legacies mentioned in the proposed will, which were provided for in the will of John Myers, became and now constitute parts of the will of deceased;
5— That a bequest to him (Farren) was, with the knowledge and by the desire of decedent, made and provided for in said will of John Myers, and said will of John Myers ought to be produced and filed in this Court before said proposed will can or should be…