Rogers v. Rogers

On Motion for Rehearing.

The respondent contends that the petitioner admits in his petition that there was an estate in administration, of which the respondent was presently executor, and that this amounted to an admission that the deceased executrix did not assent to delivery of the property to the life tenant. It is true the will appointed the respondent executor “if for any reason my said wife, herein appointed executrix, should become incapacitated, or decline to act as such and/or in the event of death,” and the plaintiff sued him as executor of the last will and testament of T. P.…