McCarty v. Duncan

WILSON, Justice.

This case presents questions as to jurisdiction of the probate court to declare a forfeiture of appellant’s interest in the estate of his mother, testatrix.

In 1929, J. F. McCarty and Lizzie McCarty, appellant’s parents, executed a joint will providing “on the death of either of us all of his or her estate we give, devise and bequeath in equal shares to our eight children.” It provided that appellant should not receive any part of the estate unless and until he repaid an advancement. It provided that “if any of our children shall fail to show proper respect for us or either of…