Blackerby v. Holton

Judge Ewing

delivered the Opinion of the Court.

Abner Holton and Wife brought a suit in chancery against John M. Blackerby, the administrator of Jeduthun Blackerby, deceased, for a settlement and distribution of the estate of the deceased, among his five heirs and distributees; of whom Holton’s wife was one, and John M. Blackerby, William O. Blackerby, Judith Blackerby, and the wife of John Pearl, the others.

Pending the suit, John M. Blackerby, the administrator, died, having made his will, by which he made William O. Blackerby his executor, and devised and bequeathed all his estate to him,…