Rodney v. Burton
Superior Court of Delaware
Issue from the Register of Wills devissamt vel non by consent of parties. The issue presented, to be tried by a jury in the Superior Court, and the contentions of the parties appear in the charge of the court. Announcement of rule with respect to taxing fees for witnesses subpoenaed but not called; also for expenses and counsel fees for contestants of the will.
1Opinion of the Court
Pennewill, C. J.,
charging the jury:
Gentlemen of the jury:—In this case the validity of an alleged will is contested.
The paper writing in issue, purporting to be the last will and ■ testament of Harriet W. Burton, deceased, was executed on the seventeenth day of June, 1911, and was approved and allowed by the register of wills, after formal proof of its execution, on the eleventh day of August, 1911, the said Harriet W. Burton having died on the eighth day of August, 1911.
A petition for the review of the proof and allowance of said paper writing as the last will and testament of Harriet W.…
2Cases cited1 opinion
- Ball v. KaneSuperior Court of Delaware · 1897
3Cited by16 opinions
- Re Faling EstateOregon Supreme Court · 1924
- Estate of BrownIdaho Supreme Court · 1932
- Conner v. BrownSuperior Court of Delaware · 1938
- In Re the Purported Last Will & Testament of LangmeierCourt of Chancery of Delaware · 1983
- United States v. KilesCourt of Appeals for the Eighth Circuit · 1934
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