McMerriman v. Schiel

Epitomized Opinion

This is an action by Schiel and another as executors of the will of Joseph Schiel against McMerri-man and others for the construction of a will. The will provided that certain devises were to be made in case that the testator met with accident on a certain journey. Shortly after making the will he made a journey to the State of Montana, returned home safely and lived thereafter for a period of one year and two months, during all of which time the will remained in his possession and was kept in a safe drawer in his home without any effort being made by him to destroy it.

The…