Davis v. Sturdivant

YOUNG, Justice.

Suit by appellant in trial court was denominated as one to construe the will of his deceased wife, Nora Davis; the only claim, however, being that the property covered by the will was community, whereas defendant executor was claiming that the estate in question constituted separate property of the deceased. Upon a trial to the court, plaintiff’s petition was dismissed and prayer to construe will denied, followed by this appeal.

It was alleged that Mrs. Davis died September 25, 1953. The will appointed defendant Sturdivant as independent executor without bond. After requiring…