Tator v. Valden, Extr.

This is an action brought to recover damages for breach of contract. The defendant’s testatrix was Mary E. Hoyt, deceased, the widow of Ebenezer A. Hoyt, who died in 1923. In the complaint it is alleged that Ebenezer A. Hoyt left two wills, one executed in 1886, and a later one in 1912, which revoked the prior will. In the 1886 will, Mary E. Hoyt was named as the sole legatee, devisee and beneficiary. The complaint is silent as to the terms of the 1912 will, other than it revoked the prior will. It is further alleged that shortly after the decease of Ebenezer A. Hoyt the two wills came to the…