Herbert v. Berrier
Indiana Supreme Court
From the Porter Circuit Court.
1Opinion of the CourtElliott, C. J.
This case was tried upon an agreed statement of facts. We extract from the statement such facts as are essential to a proper understanding of the questions presented by this appeal.
On the 3d day of October, 1848, John Berrier, Sen., executed an instrument purporting to be his will. To the instrument is affixed the signature of Berrier, and following it is written, “Signed and sealed in the presence of AlonzoWhitcomb, Esq., Elisha Keith.” John Berrier, Sen., died on the 6th day of January, 1872, leaving both real and personal property. On the 6th day of February, 1872, the instrument was…
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