Hamilton v. Clyde

OPINION

McDONALD, Chief Justice.

This is an appeal from a judgment denying remaindermen heirs of Ava Elizabeth Cobb Cain, royalty and bonus moneys paid to W. W. Cain, the life tenant, from property leased and from a well drilled, after the vesting of the life estate.

Appellants are heirs at law of testatrix Cain; appellee is the executor of the estate of W. W. Cain.

Appellant Hamilton (an heir of testatrix) filed suit in June, 1962 to construe her will. Such will was in deceased’s handwriting and recited:

“This is my last will Mar 1943—

I hereby appoint my husband (W. W. Cain) sole executor of my…