Condry v. Coffey

This is a proceeding for the probate in solemn- form of a paper writing as the will of J. M. Condry, deceased. Preliminary steps in the county court are not now material. The alleged will was exhibited to the circuit court by the proponent as a part of his “declaration,” to which a demurrer was filed by contestants. This demurrer was sustained and judgment was entered, dismissing the proceeding on the ground that “the paper writing set out in the declaration is not testamentary in form or character, and is not and cannot operate as the last will and testament of J. M. Condry, deceased.”

Prom…