Case v. English

FOSTER, Justice..;This is a contest of the will of Oscar V. Case, tried in the County Court of DeKalb County with a jury. There was a verdict for the proponent and the contestant brought it here by appeal.

The contestant is the nephew and only h'eir at law of testator. The will bequeathed all his property to the two sisters cif 'his wife who was then dead. The wife Had bequeathed all of her property to him. The assignments of error relate to incidents of' the trial.

Assignments 1, 2, 3, 4, 5 and 6.

Before entering upon the trial, appellant proved the inability of a witness to attend on account…