Martin v. Missouri Pacific Railway Co.

On September 18,1893, Lucy Bennett was struck and injured, at. a street crossing in Concordia, by a moving train of the Missouri Pacific Railway Company. On the following day, she brought an action against the Company to recover for the injuries sustained by her, alleging that they were caused by the negligence of the Company. On December 7, 1893, she died, leaving a husband, L. D. Bennett, but no children. Some time before, she made a will, in which Theodore Martin was named as executor. The will was admitted to probate, and letters testamentary were issued thereon. Subsequently, an order…