Smith v. Whetstone

Mr. Associate Justice Fishburne

delivered the unanimous Opinion of the Court.

J. M. Whetstone, late of Calhoun County, died testate in July, 1944, leaving as his sole heirs-at-law his widow, Sallie F. Whetstone, and six children: Ella Whetstone Smith, Pearl Whetstone Rast, May Whetstone Berry, Ernest W. Whetstone, Dixon Whetstone, and Dreher Whetstone. At the time of his death he was eighty-four years of age. His will was executed March 5, 1943, and a codicil thereto was executed July 2, 1943, both of which were offered for probate by Ella Whetstone Smith, who was therein designated as…