Grace Elizabeth Everett Et Al. v. Amy Wing

Edward H. Everett, of Bennington, died testate, leaving him surviving a widow, Grace Burnap Everett, and two minor daughters, Grace Elizabeth Everett and Sarah Everett (these two minors being the plaintiffs herein), and three daughters by a former marriage, Amy Wing, Mary E. Turri, and Ann E. Seldon, the defendants herein. His will was presented for probate to the probate court for the District of Bennington, and an order for the statutory notice by publication was made and complied with. Thereafter, on hearing, the probate court adJudged that the will was duly proved, and allowed the same as the last will and testament of the deceased. The three defendants appealed from this decree to the county court. The probate court appointed as special administrators, pending the outcome of the appeal, the three executors named in the will, Grace Burnap Everett, George R. Colby, and The American Trust Company, of New York City, and in addition to them, William A. Root, and ordered that notice of the appeal should be given to them by the appellants, which order was duly complied with. The required bond was filed and the appeal was entered in the Bennington county court under the title "In re Estate of Edward H. Everett, Grace Burnap Everett, George R. Colby, American Trust Company and William A. Root, special administrators, proponents; Amy Wing, Ann Everett Seldon and Mary Turri, contestants and appellants." After a trial by jury the verdict was in favor of the contestants that "the instrument presented for probate is not the last will and testament of the said Edward H. Everett." The proponents motion to set aside the verdict was denied, judgment was entered on the verdict, and the cause is now pending before this Court upon proponents exceptions.