Phelps v. Waddle

CULLEN, Commissioner.

The heirs of H. C. Phelps, deceased (his cousins), have appealed from a judgment upon a jury verdict upholding the probate of a lost will of the decedent which devised substantially all of his large estate to a step-son and the latter’s wife, the appellees.

Before the will was probated, administration proceedings were instituted and one Cecil Wilson was appointed administrator. He employed W. A. Moore as attorney. After the will was probated in the county court the decedent’s step-son qualified as executor and he likewise employed Mr. Moore. On the trial in circuit court…