Smith v. Rice

On the Merits.

Rice insists that Smith is not entitled to be appointed as executor because of fraud. In our view of the case it is unnecessary for us to determine whether Smith, the person named in the will as executor, has been guilty of any fraudulent action.

Sections 68, 69 and 71, Tit. 61, Code 1940, provide as follows:

“§ 68. Grant of letters testamentary. — Whenever a will has been admitted to probate in this state, the judge of the court in which the will was probated may issue letters testamentary, according to the provisions of this article, to the persons named as the executors in such…