United States Fidelity & Guaranty Co. v. Joseph W. Russell & Co.

Opinion op the Court by

Chiep Justice Hobson—

Reversing.

_ Mary R. Livering died on August 16, 1905, without children, leaving her husband, C. J. Livering, and her brothers and sisters or their descendants surviving her. After her death a paper was probated as her will in the Shelby county court, by which she devised all her property, real and personal, to her husband absolutely and appointed him executor without bond. The husband qualified as executor with the National Surety Company of New York as his surety. Afterwards her brothers and sisters and their descendants took an appeal to the…