JONES v. Cook

McDonough, justice.

Plaintiffs sued for conversion of an automobile which they claimed they were entitled to receive as residuary legatees under the last will and testament of their father and mother. Defendant pleaded as a defense the statute of limitations and also that plaintiffs were barred by the probate proceedings. Plaintiffs appeal from the judgment in favor of defendant.

The father died in July, 1943, and the mother died in September, 1946. By the terms of the will the mother was granted a life estate in all real and personal property. The remainder in the real estate and in certain…