75 Ind. App. 99 | Ind. Ct. App. | 1920
This was an action to establish the lost will of Margaret Jane Hamilton, deceased.
It appears by the special findings of fact that on March 21, 1910, Margaret Jane Hamilton, decedent, in company with Martha Fye and Samuel Fye, went to the law office of Judge Ed. H. Jones, at Hamilton, Ohio, and that the decedent then went into the private consultation office with Judge Jones and stated to him the manner in which she desired by will to dispose of her property; that thereupon said Judge Jones dictated to his stenographer, in the presence of the decedent, and directed such stenographer to transcribe her said notes, which purported to be the last will of the decedent; that the stenographer did so transcribe the notes and added thereto an adopted form of attestation showing the manner in which the will was written and executed by the decedent; that thereupon it was read by the decedent and thereafter to her by Judge Jones and, in the presence of witnesses, it was signed by the decedent and, at her request, witnessed by Judge Jones and one Bartlow. The will was then placed in an envelope of customary legal form and size, sealed arid put into the
“After the payment of my debts I will and direct that the balance of my estate be divided equally among my three daughters, Laura C. Black, Martha J. Fye and Etta Appleton. In case my daughter, Etta Appleton, die before my death without issue, then my estate is to be divided equally among the two daughters first named above or their heirs. I have bequeathed by estate to my three daughters through a sense of justice because the sons, Jethro M. Hamilton, Harvey Hamilton and William L. Hamilton, have already received through their father, more than will come to the daughters by the provisions of this will, whereas the three daughters have received very little heretofore.”
Two competent witnesses, Mary Turner and Judge Jones, testified as to the contents of such last will and testament of decedent. One competent witness and a correct copy of said will were testified to by said Judge Jones and Mary Turner, the stenographer, that the decedent executed said will by signing the same in the presence of said witnesses, who in her presence and at her request and in the presence of each other witnessed her signature thereto; that said last will and testament so executed by said decedent was not in existence at the time of her death; that said will and testament of decedent was not fraudulently disposed of either during her lifetime or after her death by persons whose names
Upon these findings of fact, the court stated conclusions of law in favor of appellees, and that appellants were not entitled to relief. From the judgment on the conclusions, this appeal. The errors presented for our consideration are that the court erred in each of its conclusions of law, and that the court erred in overruling appellant’s motion for a new trial.
Fye v. Hamilton — 75 Ind. App. 99.
We find no available error. Judgment is affirmed.