Davidson v. Grady

HUTCHESON, Circuit Judge.

Brought in 1935 against the surviving husband, individually and as executor of their mother’s will, the suit was, by the two surviving children of her first marriage, and the heirs of one child deceased, to rescind and set aside for fraud a family settlement of the estate of their father, made in 1903 and confirmed in 1905. The fraud claimed was, that their mother though in fact remarried, had pretended in the settlement with them, to be, and held herself out as, still a widow, and entitled as such to the interest in the estate which had been willed to her for life or…