State ex rel. Schwan v. Allen

*569The opinion of the court was delivered by

WatkiNS, J.

The relators, William Sehwan, Odille Moreira and Julia Moreira were named as the universal legatees in the will of Yal-entine Sehwan and it having- been probated, they were put in possession of the property of the testator — they having unconditionally accepted his succession.

Subsequently, the brothers and sisters of the deceased and particular legatees, filed a suit against the aforesaid universal legatees in possession, mainly on the ground, that they were legally incapacitated from receiving- said bequest; and their prayer was that the…