Apple v. Apple

This action was commenced by appellants, plaintiffs in error below, who were heirs at law of Mary Rose Apple, nee Simmons (Mary Rose). They qualified as her descendants under Item Eighth of the Last Will and Testament of Mary Rose’s grandmother, Mary Edna Addison, deceased. The appellee, Floyd L. Apple (Floyd) was the surviving spouse of Mary Rose and Executor of her estate.

The Hancock Circuit Court, Honorable George B. Davis, Judge, entered a judgment (original) in an action to construe the will of Mary Edna Addison, deceased, determining the respective interests of the litigants therein.

The…