Holmes v. . York

The only question involved in this appeal is whether or not the devisor died intestate as to the lands in controversy? We think not.

L. Ellis Hayes, a witness for plaintiff was asked: “What did Miss L. C. Hodgson tell you, if anything, in regard to the five acres of land now in controversy? Defendants objected, objection sustained. Had the witness been allowed to answer the question, he would have stated that Miss L. 0. Hodgson told him she did not intend this land to go to O. C. York under her will.” This exception and assignments of error cannot be sustained.

The matter has been recently…