Strother v. Day

STANLEY, Commissioner.

The heirs of the late Miss Mary Ellen Flynn, and Sam P. Strother, who had qualified as executor of a will of Miss Flynn probated in the Fayette County Court, filed the petition against Herbert R. and Amelia Day to set aside a contract to transfer to the defendants her personal estate and to cancel a deed to land in Boone County, both instruments having been executed four days before Miss Flynn’s death. The stated consideration is her care and maintenance. It is alleged that the heirs, as beneficiaries, had agreed among themselves that *348the estate should be administered…