Stubbs v. Smith

Marshall, Justice.

Raymond Alston was named executor of the will of Blanche Smith. Pursuant to directions in her will, he retained the services of M. Francis Stubbs, an attorney, who probated the will in common form. In his capacity as executor, Alston conveyed a tract of land from Blanche Smith’s estate to H. Earl Jones, who in turn executed a security deed to the property to the Sea Island Bank. However, Blanche Smith’s husband, Rufus Smith, later set aside the will and thereby became the fee-simple titleholder to his wife’s property as her sole heir. Rufus Smith filed the present suit…