Yungwirth v. Schultz

On behalf of Ella Yungwirth it is argued that the legacy was not adeemed by the sale of the premises described in the will. We do not find it necessary to determine this question.

It is further argued that the court erred in excluding the testimony of Walter Schultz which, if admitted with other testimony, would have established a trust in tlie proceeds of the sale of the house in Ella Yungwirth as beneficiary.

In the first place the objection made upon the trial was not sufficient to raise the question whether Walter was a competent witness in behalf of Ella Yungwirth, the objection being upon…