Shepherd v. Townsend

Mrs. Ammie Barnes Thomas, an 86 year old widow, a resident of Leake County, died testate on October 13, 1958. Her will gave her personal estate to her nearest of kin according to the laws of descent and distribution. The will did not name the nearest of kin. The appellee, Mrs. Margie Townsend, was named ex ecutrix and she duly qualified, with the appellee, United States Fidelity and Guaranty Company, as surety.

After reducing the personal assets to cash, the executrix filed her final account on May 15, 1959. The executrix stated in her final account the three nearest of kin of the decedent…