Estate of Maxcy v. Sawtelle

The facts, an analysis of the testimony and the conclusions, the latter of which we adopt as expressing our own, are so well stated in the memorandum opinion of the learned trial judge, that we insert it here. It is as follows:

“The personal representative of the estate objected to the allowance of the claim upon the grounds that the instrument was not executed and delivered by the deceased; that if it was executed by the deceased it was materially altered without the assent of the deceased, and that if executed by the deceased the instrument is void for want of consideration.

“It is admitted…