Marshall v. Walker

The ruling in the 4th headnote alone will be discussed. At the September term, 1932, of the superior court of Putnam county Mrs. Prances S. Marshall, as executrix of the *196will of W. A. Andrews, brought suit against EL C. Walker. Eter, petition showed that, she had been appointed as such executrix on July 5, 1932, by the ordinary of Baldwin county, acting for the ordinary of Putnam county. The defendant interposed the following demurrer: “1. The petition shows on its face that the plaintiff is not the legal and qualified executrix of the will of W. A. Andrews, in that the facts appear (from the…