Leary v. Leary

Opinion op the Court by

Turner, Comimissioner

Affirming.

J. J. Leary, then in his 81st year, died on the 18th of January, 1921. On the 23rd of August theretofore, and after he had passed his 80th anniversary, he executed his will wherein he devised his estate of some ten or twelve thousand dollars chiefly to his eldest son, John H. Leary, and only made bequests of small sums to his other three living sons, and to two grandchildren of deceased children.

The paper was probated in the county court apparently without contest, but the heirs at law other than John H. Leary, prosecuted an appeal to the…