Cosby v. Harts

SPARKS, Circuit Judge.

This is an appeal from the dismissal for want of equity of a bill of complaint which sought primarily to have an executor’s deed and a quitclaim deed, both relating to the same property, declared fraudulent and void and set aside.

The real estate involved was a part of the estate of May Barrett Chappelear who died testate in 1937 leaving as her only heir her son, Mark Barrett Cosby, Sr., the husband of appellant, now Mrs. Milem, and the father of the other appellant, Cosby, Jr., then a minor not yet fifteen years of age. By will, Mrs. Chappelear left all her real estate…