Bywaters v. Joyce

Appellant appeals from an order denying his application for a temporary injunction. The trial court decided the case on the following stipulated facts:

Ruth E. Joyce died December 19, 1964 leaving a will by which her entire estate was devised to her three minor children (who are also the children of appellee Walter F. Joyce), and appointing her parents, residents of Duluth, Minnesota, as independent executors of her estate. The parents resigned as independent executors on May 24, 1965. On that date David W. Bywaters was appointed Administrator, with Will Annexed, in the Estate of Ruth E.…