Benner v. Lunt

Prior to bringing this bill in equity, plaintiff had offered for probate the will of Carrie S. Pond, by the terms of which there was bequeathed and devised to her all of the real and personal estate of the decedent.

The defendant, sole heir at law and next of kin of the testatrix, seasonably contested the probate of the will, and filed and perfected his appeal from the decree of the probate court.

Before hearing on the appeal, negotiations were had between plain- ■ tiff and defendant, which resulted in an agreement on the part of the defendant, for a consideration, to abandon his contest of the…