Fain v. Fain

RENFRO, Justice.

Appellant Bess Fain, as plaintiff, brought suit for construction of the will of Charles Hardin Fain. A copy of the will was attached to the petition as Exhibit “A”. Ap- pellee Mary G'reenwall Fain, surviving wife of Charles Hardin Fain and independent executrix of his will, excepted to appellant’s petition on the grounds it affirmatively appeared from the will that appellant could be entitled to a bequest under the provisions of the will only in the event the testator died subsequent to the death of the appellee, and it was shown affirmatively by the petition that testator…