Weichold ex rel. Weichold v. Day

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case was taken by some of the defendants from the ruling of the trial court in sustaining a demurrer to the evidence offered by such defendants in support of their petition for a new trial.

The case has been in this court twice before. It was an action commenced in 1921 by a minor granddaughter of Mrs. Day by her next friend, to set aside a will made by Mrs. Day two days prior to her death on May 12, 1919, and to adjudge the decedent to have died intestate and to partition the property. After a hearing before the trial…