Durham v. Smith

This was an action to contest and set aside the will and probate thereof of Esther B. Thornton, deceased.The action was commenced by the appellee against the appellants, Milton L. Durham,executor of Milton. L. Durham in his own right, the Rose Orphan Home, also against John D. Pugh, Horace C. Pugh and George E. Pugh. The interests of the three last named parties were with the plaintiff, and they do not appeal, and have served notice upon their co-defendants in accordance with the statute.

The testatrix, Esther B. Thornton, was an aged maiden lady, possessed of several thousand dollars’ worth…