Shirk v. Cartright

This was ah action by Shirk against Cartright for the recovery of real property, and to correct a mistake in the description thereof in the will of David, Shirk, deceased. The case was tried in the court below upon an issue made by the general denial.’

On the trial, the plaintiff’ offered proof tending to show the mistake, and that the legatee had advanced money to the testator in his lifetime for the purpose of creating a fund to equalize the heirs at law in the disposition of the testator’s estate. The evidence offered was ruled, out, and a bill of exceptions makes it a part of the record.

A…