Earp v. Edgington

Bea:rd, J.

This ease involves an issne of devisavit vel non as to the will of the late Mary J. Smith.

The alleged testatrix died on '.February 19, 1891, and soon thereafter the will was probated in common form, and her surviving husband, Jasper FT: Smith, qualified as executor. This will was dated May 14, 1886, and by its terms all of the estate, both real and personal, was given absolutely to her husband. In the month of May, 1899, Jasper FT. Smith disappeared under circumstances which led to the universal belief that he had been murdered, and thereafter the nieces of Mrs. Smith, residents of…