Dees' Adm'r v. Dees' Ex'r

Opinion op the Couet by

Ceeal, Commissioner

Affirming.

S. H. Dees, a resident of Calloway county, died testate on the 26th day of April, 1923, possessed of a large estate. He left no lineal descendants. His wife, E. A.‘ Dees, died intestate three or four years prior to his death. J. D. Thompson, a brother of Mrs. Dees, Ben Grogan, and Jake Mayer were nominated by the will as executors' and qualified as such. Thereafter •J. D. Thompson was appointed and qualified as administrator of Mrs. E. A. Dees.

In May, 1923, an action was instituted by the executors in the Calloway circuit court asking for a…