Wallace v. Berry

The question presented is whether or not Lucy Berry, Lizzie Miller and Anderson Lewis Miller, as nieces and nephew of Sam Miller, a negro, are entitled to contest his will. Sam Miller died on December 27, 1926, testate, naming Margaret Wallace as the executrix and beneficiary under his will. Upon the probate of the will Lucy Berry, Lizzie Miller and Anderson Lewis Miller filed petitions to contest the will as next of kin to the testator. The right of each of them to contest the will was denied by the executrix. Upon the hearing the judge of the county court held that said petitioners were…