Roberts v. Fisher

This is an appeal from a judgment establishing the will of Amy Jane Roberts, deceased, as destroyed, under §7-601, Burns’ 1933.

Appellee filed his amended complaint, alleging that the last will of the deceased was lost or destroyed. Appellants filed a demurrer, which was overruled. An answer in two paragraphs was then filed, the first under this court’s Rule 1-3, and the second alleging that Amy Jane Roberts revoked her will during her lifetime. Trial was by the court, and special findings of fact and conclusions of law were rendered.

Appellants contend that the court erred in overruling the…