In Re Will of Atkinson

The defendants in the deed case and the propounders in the issue of devisavit vel non present as their first exception the consolidation of the two proceedings for trial. They duly objected to the consolidation at the time and assign this as error.

While the allegation of undue influence is broader in the caveat than it is in the deed case, and some of the matters transpiring between the execution of the two instruments may not have been competent as tending to show undue influence in the procurement of the deed, still it is not apparent from the record that the appellants were disadvantaged…