Holmes v. King

The bill is filed, for accounting and redemption of real estate from a mortgagee in possession.

Complainant, a minor suing by next friend, claims as heir at law of Will IÍ. Holmes, who was convicted of murder in the first degree and sentenced to life imprisonment and is now serving such sentence.

Code, § 5293, reads:

“A convict sentenced to imprisonment for life is regarded as civilly dead, but may, nevtheless, at any time within six months after his sentence, make and publish his last will and testament.”

The theory of the bill is that upon the civil death of the father, in the absence of a…