Harrell v. Westover

CLAY, Commissioner.

This suit involves the final settlement of the estate of R. L. Westover. On exceptions to the trial court’s findings, the executrix, Edythe Harrell, appealed and the heirs-at-law have cross-appealed. It will be necessary to review briefly prior litigation between these parties over the estate of the testator.

In 1948, a suit was brought by the heirs to contest the will of R. L. Westover. A jury upheld the will and no appeal was taken.

A second suit was brought in 1949 to construe this will, particularly Clause IV thereof. This clause provided:

“All the remaining property that…