Abbott v. Appleton

McMahan, J. —

Joseph Abbott died testate in Franklin county, February 21, 1925. His will, which was admitted to probate March 2, 1925, bequeathed $1,000 to each of five grandchildren. The residue of his estate was devised and bequeathed to his four children, Clarence W. Abbott, John E. Abbott, Ellis S. Abbott and Retta Stinger, said Clarence W. and John E. being named in such will as joint executors.

On November 13, 1925, Perry Appleton, hereafter designated as “appellee,” filed an application in vacation with the clerk of the Franklin Circuit Court, asking that he be appointed administrator…