Popp v. Wilhelm

The opinion of the court was delivered by

Smith, J.:

This case was begun on two causes of action: one to set aside a will on account' of lack of testamentary capacity, the other to enforce an oral contract to devise real estate. A demurrer of defendants to the. evidence in- the first cause was sustained and no appeal was taken. . In ,the other case judgment was for plaintiff. Defendants appeal.-, -. ,-

The plaintiff is the daughter of Maria Elizabeth Miller. The defendants are the other heirs at law of Mrs. Miller and certain other parties with whose identity we are not concerned.

After alleging…