In Re Will of Pendergrass

Propounders insist a new trial should be granted and assign three reasons therefor: (1) That the court erred in admitting in evidence the consent judgment of 1948 and ruling, in effect, that propounders were estopped' thereby to probate the will of Mary T. Pendergrass, for that “a contract, cast in the form of a consent judgment, among children of a living mother to nullify her will is contrary to the public policy of the State” and void, and, if otherwise valid, is void as to Sally Read Pendergrass for want of consideration; (2) that there was error in the holding that propound-, ers were…