Gorey v. Gregg, Exr.

It is violating no confidence to say that in reaching a decision in this case the members of this court have had difficulty and no one of us has that certitude of opinion which ordinarily attends in disposing of appeals.

The errors assigned upon which I differ from the conclusion of my associates are those relating to the admission of the two wills of testatrix, her deed to James C. Timmoñs and Ruby Timmons and the charge of the court as to the purpose for- which they were admitted. Plaintiff’s action as eventually submitted to the jury was upon an implied contract on quantum meruit.

The…