Berry v. Berry

This is a suit in equity in which the petitioner seeks to have enforced the provisions made for him under the will of his father, James Berry, deceased. The respondent is a daughter of the testator, and the executrix of his will. Though a stenographer was appointed to take the evidence, it is not set out in the record. The judge *115entered a decree dismissing the petition. The petitioner appealed and, at his request, the judge made a report of the material facts found by him.

The will of the testator was executed on November 2, 1934. Therein, after devising five designated parcels of land to the…