Daniel's Devisees v. Daniel

Opinion by

Judge Lindsay:

On the 5th day of March, 1860, Polly Daniel, then the wife of the appellee, Henry Daniel, without the consent of her husband, attempted to make a last will and testament disposing of her entire estate. Shortly after her death the writing was offered for probate in the. Montgomery County Court, and rejected. The persons named in the paper as devisees prosecuted an appeal to the Circuit Court of that county, and upon hearing the judgment of the County Court was affirmed. From this last judgment an appeal has been prosecuted to this court.

The only question necessary for…