Thomason v. Phillips

Prior to the institution of the present proceedings, the executors of the last will and testament of Z. M. Thomason filed a final settlement of the estate showing a balance belonging to two minor children, James W. Thomason and Polly L. Thomason, to whom was bequeathed in equal parts a one-third of the residue of the estate of the testator. Mrs. Dessie Phillips, their mother and guardian, filed a petition in the probate court for an order directing the executors to pay over to her as guardian the balance due the two children on final settlement. The executors opposed the prayer of the…