Walter v. Whitacre

The first question to be determined is the motion of the appellees to dismiss this appeal. The ground of the motion to dismiss is, that the appellant has waived her right of appeal, or is estopped from asserting it.

The facts and circumstances relied on to establish such waiver or estoppel, briefly stated, are as follows: James P. Whitacre died in the year 1909, leaving valuable real and personal estate, which he disposed of by his last will to his widow and his six brothers, who were his next of kin. The widow and one of the brothers qualified as executrix and executor of the decedent’s…