Smith v. Lurty

Warren S. Lurty died leaving a paper purporting to be his last will and testament, by which he disposed of a part of his real and personal estate. Pending litigation as to whether or not that paper was his last will, a curator was agreed upon by the parties in interest and appointed by the court. The result of the litigation was the establishment of the paper as the decedent’s last will. The executor named therein qualified, but before acting was permitted to resign. Thereupon, the widow moved the court to grant her letters of administration with the "will annexed, and in case it denied that…