Cole v. Shelton

Hart, J.,

(after stating the facts.) The record shoAVs that the will in question Avas signed by Samuel Shelton and Catherine Shelton, his Avife, and was to take effect after the death of the survivor. The real estate devised by the will was the property of Samuel Shelton, and his wife only had a dower and homestead interest therein. It was agreed that the aao.11 Avas in- proper form and is not a forgery.

The sole ground relied upon for a reversal of the judgment is that the instrument in question is the .joint will of Samuel Shelton and Catherine Shelton to take effect upon the death of the…