Cunningham v. Dungan

Bicknell, C. C.

The appellant brought this suit against the appellees, as executors of Charles G. Dungan.

It was submitted to the court upon the following agreed case:

1. On March 22d, 1877, Charles Dungan died testate; his will and codicil were admitted to probate on April 19th, 1877.

2. On February 10th, 1877, Nancy J. Rouse died intestate, aged twenty-five years, leaving a child surviving her, now aged about two years, named Joseph.

3. Nancy J. Tillson, mentioned in item three of the will, was Nancy J. Rouse, who died as ab.ove stated.

4. On April 25th, 1878, Benjamin K. Cunningham was appointed…