Maryland Casualty Co. v. Owens

MERRILL, Justice.

This is an appeal from a decree of the Circuit Court of Marshall County, in Equity, overruling a demurrer of the appellant to a bill to set aside a former decree of the court.

W. A. Childress died in Marshall County, Alabama, in 1931, leaving a last will and testament. Daniel Childress was appointed executor of the estate. The appellant Maryland Casualty Company became surety on his bond. An agreement was entered into in 1931 whereby certain portions of the *449estate were conveyed between and among the parties in accordance with the will, but with the provision that each…