Cheatham v. Franke

GRAY, Justice.

Appellant, Modena S. Cheatham, sued appellees, Lizzie Franke and husband W. Floyd Franke, Alta Benge and husband C. J. Benge and George A. Cheatham to set aside and cancel written instruments executed by the parties in the partition of the estate of Dr. A. B. Cheatham, deceased. As grounds for such cancella*203tion appellant alleged that she executed the instruments relying upon the opinion of an attorney advising her that an instrument" purporting to be the last will and testament of Dr. Cheatham was not a valid- will and that Dr. Cheatham died intestate. She alleged that she would…