Thomas v. Johnston

EDWARDS, Circuit Judge.

This is a diversity case tried to a federal District Judge without a jury. Plaintiff-appellant1 sought to recover one-half of the assets of the estate of her deceased husband which she (as admin-istratrix) had probated, distributed and closed. Appellant claimed before the District Judge and now argues before us that all of her actions as administratrix were taken under a mistake of fact, namely, a belief that her husband had died intestate.

Some years before his death decedent, who had been an executive of Sears, Roebuck and Company, had given his wife a substantial…