Smith v. Estate of Smith

Bessie B. Smith was formerly executrix under the last will and testament of her husband, Franklin P. Smith, deceased. The county court of Fremont county found that while so acting she unlawfully appropriated the sum of $1,232.44 to her own use, without an order of court. She was ordered to restore it to the estate. On appeal and trial de novo in the district court, judgment was again rendered against her. She assigns error and asks for a supersedeas.

Exhibit A, entitled “Report of Executrix,” is a voluminous document, consisting of the verified report of plaintiff in error, made to the county…