Estate of Keeley v. Ochs

Wilson, O. J.

The appeal is from an order denying a motion for a new trial.

James Keeley died May 4, 1924, at the age of 76 years leaving an estate valued at $58,000. His brother, the appellant herein, was about five years younger and has now been a lawyer for nearly 50 years. On December 22, 1921, decedent made a will, which was in the handwriting of the brother who by its terms was to receive all the property except about $2,500 to be given to nephews and nieces and a small amount to his church. The brother was named as executor. On the day of the execution of the will these two men deposited…