Salisbury v. Gardner

SWOFFORD, Judge.

The last will and testament of Martha Salladay was contested by eight nieces and nephews (respondents here), her heirs at law who were excluded as legatees under the will. 1

The will here in question bequeathed 75% of the residue of the estate to the appellant, Henry Gardner; 10% of the residue to the appellant, The Unionville Ladies Cemetery Association; and 10% of the residue to a niece, Mauretta Carder; and it named L. E. Atherton as Executor. Atherton and Carder, although defendants in the will contest, did not appeal from the judgment below.

The case was tried before a jury…