Smyth v. Anderson

Ingram, Justice.

This is a multifid dispute arising from the will of John P. Upshaw. The testator executed his will on April 29, 1931, died on January 16, 1937, and the will was probated on February 1, 1937. The testator was survived by his wife and one child, a daughter, who was married at the time of the testator’s death. The married daughter had no children born to or adopted by her at the time of the testator’s death. However, she later adopted a daughter on July 9, 1940, and this daughter is an appellant in this case and claims the entire remainder estate of John P. Upshaw under his will.…