Howells v. Martin

The opinion of the court was delivered by

Campbell, J.

The original bill of complaint prayed a decree establishing a lost will. Upon a hearing the learned vice-chancellor found that it had been established that the will in question had been executed, but that the presumption of its revocation had not been overcome by the proofs.

■ The bill was then amended by setting up some additional facts and enlarging the prayer by adding thereto one for the specific performance of a contract to make mutual wills.

After the amendment to the bill, Madaline Ripperger Martin, administratrix of Ellen Daley, was…