Smith v. Wagers' Administrators

Opinion of the Court by

Judge Clay

Affirming.

In this action by the administrators of Oliver Wagers, deceased, to settle Ms estate, Allie Smith, who was made a party, filed an answer and counterclaim and an amendment thereto asserting the right to share in his estate. A demurrer was sustained to the answer and counterclaim as amended and the counterclaim dismissed. She appeals.

The material portions of the answer and counterclaim are as follows:

“The defendant, Allie Smith, says that she is the spurious child of the said Oliver Wagers, deceased, and that her mother Mrs. Andy Grubb, was at the time…