Stewart v. Elliott

Henry Clay Stewart, as the sole executor, and residuary legatee, propounded for probate in the Orphan’s Court of *308this District, an instrument of writing which he claimed was the last will and. testament of Eev. Jared L. Elliott. Edmund Q-. Elliott, the next of kin and nephew of the-deceased interposed a caveat to the probate of the instrument so propounded, and the court passed an order directing the five following issues to be tried by a jury in the circuit court :

“ First. Whether the said paper writing purporting to be the last will and testament of the said Jared L. Elliott, bearing date…