In re Hammersly

The petitioner sought to intervene in the proceedings for the probate of the will of Louis C. Hammersly, and his application rested upon the assertion, that a prior will was in existence at the testator’s death, in which he was named as a legatee or devisee, and which was still in existence or had been fraudulently destroyed. The sections of the Code applicable here are 2617, 2621 and 1865. ' By the first of these a legatee or devisee named in a will, may be allowed to appear, but the right to do so, is of no avail as appears from the other sections, when the object is to establish the prior…