Eskridge v. Patterson

GAINES, Associate Justice.

—-The appellants, Mrs. Eskridge and .Mrs. Brown, joined by their husbands, brought this suit in the court below to recover a tract of land patented to one B. W. Smith. They ■claimed as heirs of the patentee.

The defendant, who' is appellee here, claimed under a conveyance to Mm of the land by one B. E. Wynne as executor of the will of Smith.

The court below found that Smith died in 1851, having made his will, in which Bennett Smith and B. E. Wynne were named as executors, and were authorized to administer his estate free from the control of the County Court. The will…