Thomas v. Maring

The controversy in this case is over the right to possession of property, both real and personal. The plaintiff claims title to the possession as adminis-tratrix with the will annexed of the estate of Mary E. Smith, deceased. The defendant asserts right to the possession as the executrix of the estate of William L. Smith, deceased. The cause was tried to the court without a jury, and resulted in findings supporting the position of the defendant. From the judgment entered dismissing the action, the plaintiff appeals.

Mary E. Smith and Alice M. Smith were sisters and William L. Smith was their…