Franklin v. Franklin

This is an issue of devisavit vel non 'The will in contest is one- purporting to have been *46executed in October, 1871, by J. A. Franklin. Tbe testator died in November, 1871, and the paper sought to be probated was produced in 1885 by the defendant, Ed W. Franklin, who claims to have then discovered it in an old gun-box which had belonged to the testator. The discoverer and pro-pounder of the will is the brother of the testator and the beneficiary thereunder. It is unattested. Though claimed to be wholly in the handwriting of the testator, it is not insisted that it is good as a will of…