Succession of Eubanks

Mrs. Eubanks died in July, 1853, having made two wills, one in the nuncupative form under private signature, on the 4th of May, 1853, and the other, olographic, on the 28th of June, 1853.

In both, she constituted as universal legatee, her aunt by affinity, Mrs. Louisa Oreen, the appellee. In the nuncupative will, the testatrix made a legacy to her brother, Josiah, Yarborough, of a slave boy named Cornelius; which legacy she revoked by her olographic will. After her death, the universal legatee, assisted by her husband, presented the two wills to the District Court for probate. As the deceased…