Tutt v. Smith

Opinion of the Court by

Judge Quin

Affirming.

Appellant is the avíJoav of S. M. Tutt, Avho died intestate in October, 1913. As the result of tivo previous marriages he had eight children; an only child of the third marriage died in infancy.

Being unable to agree on the appointment of an administrator, after much delay, appellee Avas finally selected and having qualified, entered upon the discharge of his duties. J. H. Stamper, a son-in-laAV of decedent, appears to have taken an active part in the affairs of the ■ estate. With the exception of the shares of the children of a deceased daughter, he…