McCain v. McCain

*116Opinion op the Court by

Judge Carroll.

Affirming.

In 1886 M. A. McCain, who died in 1908, made his will, and in 1898 wrote.a^ codicil. In the will and codicil he gave his estate to certain described persons, all of whom were dead when the will was probated in 1908, except the parties to this litigation, who are his niece, Bettie McCain, and his nephews, 'W. L.. and John E. McCain, brothers of Bettie McCain. John McCain and Bettie McCain were nominated as executor and exe cutrix, but Bettie alone qualified in May, 1908.

In 1912 this suit was brought by John McCain against W. L. McCain, Bettie…