Simms v. Gilmore

— The appellee, as executor of the *245last will of Nancy Evans Simms, deceased, instituted this action by filing a complaint in which he averred:

“That he is the executor of one Nancy Evans Simms, deceased; that he was appointed executor by the Delaware Circuit Court on October 2, 1920; that he brings this suit in his capacity as executor; that the decedent died the owner of certain real estate described as follows : * * *; that by the terms of her will the decedent made bequests to several legatees, amounting to about $2,000; that the estate is indebted to an amount approximating $1,000; that…