Smith v. Smith

On January 2, 1969, Leroy M. Haley and Anna E. Haley, husband and wife, died as the result of carbon monoxide asphyxiation. They were found dead in their garage, in an automobile with its engine running. Mrs. Haley died intestate; Mr. Haley, however, left a will which was filed for probate on February 3, 1969, and allowed on August 6, 1969.

Alfred E. Smith as administrator of the estate of Anna E. Haley brought this petition in equity against the devisees and legatees under the will of Leroy Haley and the executor, Robert G. Smith. The petition alleges that the decedents died under such…