Oetjen v. Diemmer

The executor of C. H. Oetjen filed an equitable petition in the superior court of Richmond county, asking the court-to construe the will of his testator and to give direction as to the duties of the executor. Thereafter there was a contest over the probate of the will in solemn form, and the caveat was by consent-*1006appealed to the superior court. The two cases were there tried together on the pleadings and certain agreed facts. It was admitted that the will was originally executed in due and legal form, but the caveators contended that the will had been revoked by the testator’s writing thereon…