Allison v. Allison

The assignments of error in the Court of Appeals may be stated as follows:

First assignment of error.

This assignment of error contains two parts. They will be referred to as A and B.

(A) The trial court erred in refusing to conduct a full and complete preliminary hearing on the question of the capacity of the plaintiffs individually to maintain this action, in view of the fact that they are also serving as executors of the will.

(B) The trial court erred when it refused to admit in evidence a deed conveying certain real property of the estate executed by the coexecutors purporting to act under…