Barnes v. Bess

I am conscious that no novel legal principles are involved here. The facts, however, are unique and unusual and since I am not in agreement with the majority opinion in either its statement of them or its sense of their effect, I am constrained to submit my own notion of their significance. 1 am the bolder to do this because, as I see it, the twice-attempted effort of one to exercise the solemn and sacred right of disposing of that which is his own has been frustrated. This cannot be accounted a matter of trivial concern.

The case presents the contest of the will of Ackey E. Bess, deceased,…