Hadden v. Stevens

Atkinson, Justice.

A testatrix whose husband was her sole heir at law devised land to him during his life, with remainder to her niece. She did not nominate an executor. She died on May 14, 1920, leaving her husband in possession. He did not propound the will, but procured an appointment as' administrator as in eases of intestacy. The niece, who resided in another State, knew the facts indicated above, ■ and in 1922, while on a visit to the husband, made a request for the will which he then held in his hands with the administration papers; also a request that he probate the will. Both requests…