Wilhoit's Administratrix v. Richardson

Opinion op the Court by

Judge Sampson

Reversing.

In 1911, J. B. Wilhoit, an attorney of Ashland, was employed by one or more of the heirs of Robert Callihan, deceased, to institute an action in behalf of said heirs against the board of education of the Methodist Episcopal Church to defeat a trust, which was created by the will of said 'Callihan, and to recover the property and funds which were then held by the board of trustees of the church under the trust. After the action was duly instituted Otho Callihan, the prime mover in the litigation, being one of the heirs, died, and appellee, Dr. J.…