In Re the Will of Smith

The propounders’ first exception and •assignment of error is to the finding of fact that the caveator tendered to the pro-pounders and their attorney a certified check in the sum of $3,500 within the 90 days as provided in the consent judgment; that the caveator has agreed to accept a deed without warranty to the said lands from the propounders; that the propounders have failed and refused to convey their right, title and interest in the property in controversy -as directed in .said judgment.

The propounder appellants do not contend that the caveator failed to tender the $3,500 within the time…