Lynn v. Lynn

This case comes to us on appeal from a decree entered as the result of a will contest trial wherein the jury was instructed to return a verdict upholding the will in question. The contested will purported to dispose of real estate, and therefore a freehold is involved, giving us jurisdiction on direct appeal.

The litigants are brothers, and are grandsons of the testatrix Ora McHarry. The plaintiffs seek to set aside the will, wherein they participate as beneficiaries in personal property, on the ground that the defendant, who is also the executor of the will and the principal beneficiary of…