Allen v. Lovell's Adm'x

Opinion of the Court by

Judge Dawson

Affirming,

This is essentially an action in tort to recover damages for the destruction of a will. It presents an unusual and interesting question which we believe to be one of first impression in this jurisdiction. The lower court sustained a demurrer to the petition.

Stripped of the surplusage the petition alleges that the plaintiff’s grandmother owned a farm in Simpson County consisting of 637% acres; that prior to her death in October 1939, her grandmother had executed a holographic will by which she devised this farm to her two children, John Lovell and…