Woodruff v. Woodruff

Atkinson, Justice.

This was a proceeding to probate an alleged copy of a will, it being alleged, (a) that the original was destroyed without the consent of the testatrix; (b) that its destruction was induced by fraud and undue influence exerted upon the testatrix by a named heir at law; and (c) that the testatrix was insane at the time of its destruction. A caveat was filed, and upon a trial in the superior court, after an appeal from the court of ordinary, the court ordered a nonsuit. To this judgment the plaintiff excepted. The alleged copy purported to give all of the property of the…