Hull v. Simon

Opinion op the Court by

Judge Perry

Affirming.

Ella Simon died intestate in September, 1934, without issue and leaving surviving, as her heirs at law (her mother having predeceased her), only her father, William Horn, and her husband, Charles Simon, who was thereupon appointed and qualified as administrator of her estate.

In October next following Ella Simon’s death, her father, William Horn, died, leaving a last will, by which he devised his estate to his children.

This action was brought by the deceased Horn’s children and his executor against the appellee, Charles Simon, individually and as the…