Edward Douglass White

“ That the actual alterations to which the witnesses testify in no way materially modified or abrogated the will is too clear for discussion. The whole case, hence, depends upon the assertion that there was sufficient evidence to have authorized the jury to find that there was a material mutilation or suppression. But none of the three witnesses testified (granting their testimony as to the mutilation to have been true) that the part torn off contained anything but the reference to the glasses of the testator. ”

“ If we leave entirely out of view the evidence of the defendants to the effect that the papers constituting the will as probated were precisely in the condition they were when taken from the tin case, we do not think a jury could have properly inferred from this testimony that in the alleged missing portion of the will there existed provisions so in conflict or inconsistent with the probated will as to have operated to materially alter or revoke it. ”

“ He was asked, 'Did you know of any other writing on those papers besides the expression about the glasses, to which you have referred, that is not there now?' and answered, 'I do not, sir.' On cross-examination, the witness testified that he had a distinct and clear recollection that the codicil was a complete sheet at the time it was taken from the chest, and that it was probably within a month after the probate of the will that he discovered that it had been mutilated. ”

“ The original contestant having died intestate pending the action, he was succeeded, as a party plaintiff, by his son, his duly-qualified administrator, who was also, in his individual capacity, a legatee under the probated will.
Issues were framed in the probate branch, and certified to the circuit court, to be determined by a jury. The opinion of the general term is reported in 19 D. C. 482. ”

“ The witness also swore that she did not discover the alterations when she verified the affidavit in the probate court, wherein she averred the authenticity of the documents, though she read the papers carefully at the time she made the affidavit, which latter statement, however, was subsequently qualified on cross-examination by the statement that perhaps she had not read them as carefully as she ought to have done. ”

“ Galliher and his wife, and he sister Emma V. McIntire, of a chest which had belonged to decedent, and in a tin case therein were found two separate writings, which were read and examined by each one present. ”