Larned v. MacCarthy

The opinion of the court was delivered by

Walker, Chancellor.

This case presents an appeal from a judgment of the Supreme Court on an issue tried at the Union county circuit before Judge Vail, without a jury. The trial court found for the plaintiff and assessed her damages. The facts and the issue are succinctly stated by Judge Vail, who delivered the following opinion:

“This case, by agreement of counsel, was tried by the court without a jury.

“The plaintiff is the widow of William Z. Larned, and the defendants are his heirs-at-law. William Z. Larned died March 13th, 1911, leaving a last will…