Werner v. Frederick

STEPHENS, Associate Justice.

This is a special appeal from an order of the District Court of the United States for the District of Columbia,^ holding a probate court. The appeal questions the correctness of a preliminary issue framed for submission to a jury in a will contest.

As shown by the record, the facts are as follows: Gustav Werner, a citizen of the United States and a resident of the District of Columbia, died July 27, 1935. On July 30th of the same year, a purported will dated June 1st of the same year was, by the appellant, Charles Werner, who was named executor, offered for probate…