Henderson v. Henderson

This case, in its last analysis, presents but one issue, viz: the correctness of the decree entered by the circuit court,, admitting to probate a letter written by Ellen M. Gayle, as a valid codicil to her last will and testament, dated August io, 1934. ’

By agreement of counsel, a trial by jury was waived and *665all matters of law and fact were submitted to the court for its decision.

Ellen M. Gayle, a resident of Bedford county, Virginia, died November 16, 1938. Her will, dated August 10, 1934, was duly admitted to probate on the 6th day of December, 1938. By her will, testatrix directed that…