People ex rel. Weatherhead v. Waldron

This is a demurrer to a return made hy the surrogate of the county of Saratoga and Hilon L. Weather-head to a'writ of prohibition issued out of this court, upon the ground of the insufficiency of said return.

It appears from the said writ and the return thereto, that Edmund L. Weatherhead died on the 25th of April, 1874,-leaving a certain paper writing, purporting to be his last will and testament, and in and by which the relator was named as one of the executors thereof. This will, the relator, claiming that the deceased was at or immediately previous to his decease a resident and inhabitant…