In Re Estate of Early

In September 1942, certain heirs at law of Josiah Early, deceased, designating themselves as plaintiffs-proponents, petitioned the court asking that a certain written instrument dated March 13, 1915, and purporting to be the will of Josiah Early, be admitted to probate. The defendants-contestants, by way of answer, resisted the claim of the petitioners and alleged that said written instrument was not entitled to probate due to lack of proper attestation and lapse of time in being offered. The case was tried as a law action, with the jury waived, and on the 23d day of February 1943, the lower…