Snyder v. Toler

This suit was begun in the circuit court of Cooper county, March 20, 1913. The petition was in two counts. In the first plaintiff alleged the invalidity of the last will of her grandfather William E. Toler (which had been duly probated) and prayed “that said pretended paper, writing or will be declared void and of no effect.” In the second, she claimed under the will on the theory that it created a precatory trust in her favor. A motion to elect was filed by defendant on the ground “that said counts are inconsistent with each other and the proof of one would disprove *378the other.” This motion…