Struthoff v. Cook

I respectfully dissent from the majority opinion in this case. Since I do not agree with the conclusions and deductions which the majority have drawn from the record it becomes necessary to set forth testimony and deductions therefrom at considerable length.

Mary E. Scott, a spinster of the age of 87 years, died testate, July 24, 1943. On May 6, 1942, an unmarried brother, Frederich Scott, died testate. Prior to his death for many years this brother and sister had lived together. At the time of the death of Frederich this brother and sister were joint owners with right of survivorship of a…