Herd v. Herd

MAYFIELD, J. —

This is an appeal from a decree of the probate court of Talladega county, granting letters of administration to appellee on the estate of John P. Herd, deceased. Whether or not the appointment was *614proper is conceded to depend solely upon the question whether or not appellee was the wife of intestate.(1) The case was tried under an agreed state of facts, which, so far as pertinent, were as follows: “It is agreed that on the 20th day of May, 1905, there was a marriage attempted to he performed between the said John P. Herd and said Viola Herd, or Viola Williamson, as she was at…