Ballard v. Cox

Miss Ballard, the appellant, instituted this suit to establish and probate the will of her sister, Mrs. Cox, which she alleged had been duly executed on November 19, 1947, but had been lost or destroyed. Mrs. Cox had died without issue on March 2, 1948, leaving surviving her husband, Dr. Cox; her sister, Miss Ballard; another sister, Emma Ballard; four children of a deceased sister and one child of a deceased brother. A copy of the alleged will was filed with the bill and it was averred that the original had been delivered to Dr. Cox after his wife’s death, but it had not been offered for…