Wroblewski Ex Rel. Martin v. Yeager

CULLEN, Commissioner.

A six-page typewritten document, bearing on the last page the signature of the testator and the attestation of three witnesses, was admitted to probate by the Daviess County Court as the will of James C. Ellis. Two great-grandnieces of Ellis contested the probate by appeal to the circuit court, on the ground that the first five pages of the probated document were not the same pages that were in the will when it was executed. At the conclusion of the evidence the court directed a verdict upholding the probate, and from the judgment entered upon that verdict the contestants…