Franks' Ex'r v. Bates

Opinion op the Court by

Judge Fulton

Reversing.

This is an appeal from a judgment entered on the verdict of a jury finding a certain paper probated in the county court as the will of Mrs. Carrie M. Franks not to be her will.

J. T. Franks died in the spring of 1933 and left his entire estate to his wife, Mrs. Carrie M. Franks, who died on May 16,1934. The will of J. T. Franks was contested by his daughter, the appellee, Mrs. Sallie Bates, but she was eventually unsuccessful in that contest.

The property devised by J. T. Franks to Carrie M. Franks consisted of the home farm of 138 acres valued at…