Mann v. Haines

The opinion of the court was delivered by

Wedell, J.:

This action was brought by certain beneficiaries of a probated will to obtain a construction thereof. The trial court construed the will in accordance with their contention, and the defendants, heirs at law, and one of the beneficiaries, who was made a defendant, appeal.

The heirs at law contend the record discloses a later will was lost or destroyed, the probated will was revoked and they are entitled to the estate of the deceased. Frank Leonard, the defendant beneficiary, is not an heir 'at law and does not contend the probated will was…