Mitchell v. Mitchell

SIMPSON, Justice.

The facts in this case are not in dispute. Samuel D. Calhoun died testate on April 22, 1960; his last will and testament was admitted to probate in April, 1964. By the terms of his will he devised to his widow, Aileen Mitchell Calhoun, all of his personalty and a life estate in all of his realty. Subject to the life estate in his widow, his real property was devised to the respondents below, appellees here.

The widow died intestate in May of 1960. Under the provisions of Title 61, § 21, an administrator was appointed for the estate of the widow and he perfected dissent from…