Logan v. Thomason

I am of opinion that appellant W. B. Logan did not have such justiciable interest in the controversy here involved as authorized him to offer the will for probate, or to maintain this appeal.

W. B. Logan, the appellant, is not named as a beneficiary in the will. He claims only as the heir at law, and as the successor in title of the other heirs at law, of B. W. Logan, who was named as a beneficiary in the will. It is undisputed that B. W. Logan, appellant’s father, died several years before the testator died. Under elemental rules of law, the legacy lapsed. While it is true that the courts…