Smith v. Smith

McDOÑALD, Chief Justice.

This is an appeal involving conflicting claims of the parties to be appointed to administer the estate of F. C. Smith, deceased. Appellants claim this right as surviving brother and sister, while Appellee claims the right as surviving common law wife. Appellee was, over objection, permitted to testify as to her" agreement with deceased to live as man and wife, and to other transactions between herself and the deceased. The Trial Court overruled Appellants’ Motion for an. Instructed Verdict and submitted the case to a jury, which found: 1) That Appellee and "deceased,…