McGrew v. Cooper

Russell, Judge.

The court charged that the plaintiff “contends that the mother was in possession of the property at the time of her death; and that upon the probation of the will the title passed to her, the plaintiff, Caroline Cooper. That contention is denied by the defendant.” The defendant did deny the latter contention but urges that the instruction is error because she “never made the contention that the mother was not in possession of the property at the time of her death, but, to the contrary, movant’s testimony expressly showed that some of the articles of personal property were in…