Lowery v. Lowery

The answer to the question first assigned for error was answered in a manner not prejudicial to appellant, regardless of what might have been the legal effect of a different answer.

An issue in the case was whether the plaintiff as a distributee of the estate of S. C. Lowery agreed expressly or impliedly to abide by an instrument which purported to be his will, though not probated, and consented for defendant to receive and distribute the funds of the estate. Defendant was named as exeeu tor of the will, and without probating it proceeded to disburse the funds. It is also claimed that though…