Hord v. Manners

Hart, C. J.,

(after stating the facts). The judgment of the circuit court overruling the plea of res judicata of appellant was correct. Under our statute, an executor or administrator may establish his demand against his testator or intestate by presenting and proving the same to the satisfaction of the court. Crawford & Moses’ Digest, § 96; Free v. Maxwell, 138 Ark. 489, 212 S. W. 325; and Smith v. Mullen, 169 Ark. 944, 277 S. W. 44. After the probate court allowed the claim of the executor, two of the legatees under the will were duly granted an appeal to the circuit court, under § 2258 of…