Walling v. Maddux

Appeal by contestants from an order appointing an executor nominated by testatrix in her last will and testament and from a judgment entered pursuant to trial.

*431Due execution of the will and codicil here in question was not disputed, the same were admitted to probate, and the executor named in the will was appointed so to act. It appearing that said executor and the testatrix, formerly husband and wife, had after the execution of her said will entered into a property settlement agreement, persons who had appeared to contest the probate of the will waived their contest, but contended that said…