Kent v. Shannon

Head, Justice.

H. L. Shannon, as the duly qualified and acting executor of the will of Lawson Kelley, filed a petition for declaratory judgment for a construction of the will of the testator. The petition named Mrs. Mildred Curry Scott and some twenty-four other persons as distributees under the will. All parties were duly served, but only Mrs. Scott filed a written response. The bill of exceptions recites that the remaining parties “filed no answer and entered no appearance, and have made no motion to open the default,” but that, “the parties were present in court at said trial.” The bill of…