Smith v. Smith

JACKSON, Justice.

This appeal involves a controversy between the beneficiaries under the will of C. R. Smith, deceased. The primary questions are as follows: (1) Are certain beneficiaries entitled to compel distribution of the residue of the estate? (2) If the estate must be distributed at this time, to whom and in what proportion should it be distributed under a proper interpretation of the will ?

In April 1924, the testator executed' a holographic will. He died in November; 1924, and his will was immediately admitted to probate in Carter County. The body of the will in its entirety is set…