Smiley v. Gambill

This was a contest upon the will of Margaret Stew*165art. The issue was decided in favor of the will, and an appeal in error, by the contestant.

The error assigned is upon the charge of the Court on the question of revocation. He said:

“ That if the alleged testatrix burnt a paper which she believed was her will, but in that was mistaken, it would be no revocation. Parol declarations that she had no will, amount in law to no revocation. Evidence that the alleged testatrix had, subsequent to the execution of the alleged will, made conveyances of a portion of the same property named in the will, was…