Matter of Estate of Evans

SMITH, Presiding Justice,

for the Court:

Ora Mae Harris and Hesikiah Garrett, as executors of the will of Elizabeth Evans, deceased, have appealed from a decree of the Chancery Court of the Second Judicial District of Bolivar County under the provisions of which appellee, Mel Spearman, was declared to be the owner of an undivided one-half interest in certain real property ostensibly owned by the testatrix.

In 1921, Elizabeth Evans (then Elizabeth Garrett) had married one Monroe Evans. Six children were born of the marriage, of whom three survive, and there are several grandchildren. In 1953 or…