Darby v. Arrington

This action arose by a petition to set aside the will of Fanny E'spy and the probate thereof and for other ancillary relief. The factual background for these proceedings is as follows: On the 22nd day of November, 1937, this testatrix executed her purported will by which she devised and bequeathed to her brother James H. Espy all of her property for use and enjoyment during his life with remainder to appellee. The said James H. Espy had theretofore been adjudged non compos mentis. Testatrix died December 21, 1937. On December 27th, the will was offered for probate in solemn form, with process…