Zerbe v. Zerbe

Concurring opinion filed Jan. 4th, 1874, by

Walker, J.

This bill sets forth that Daniel Zerbe died in February, 1874, seized of a certain real estate in this county and that the defendants, claiming to act as executors, under and by virtue of a paper purporting to be the will of the decedent, have advertised and threatened to sell the real estate at public sale — and an injunction is asked to restrain them from proceeding, on the ground that the paper under which they are acting, is not the will of said Daniel Zerbe.

The paper bearing date the 10 Jan., 1873, signed by the decedent, has been…