Gottesleben v. Luckenbach

In the estate of Richard M. Gottesleben, deceased, plaintiff in error filed caveat objecting to the probate of a tendered will and alleging that she was the common-law wife of decedent. The issue so tendered was set for trial to the court and at the close of the evidence offered in behalf of caveatrix motion to dismiss was made by the executor on the ground that it was not sufficient to establish the marriage. The motion was sustained and appropriate judgment entered.

One ground of reversal here urged is the asserted error of the court in granting the motion for dismissal. Where trial is to…