Helm's Guardian v. Neathery

Opinion op the Court by

Chief Justice Clay

Reversing.

Lizzie Helm died on June 27, 1927, survived by her husband, Aubrey Helm, and a son, Ray Helm, who was then about 3 years of age. She left a will dated May 2, 1927, by which she bequeathed to her brother, Prank Neathery, all her estate.. This will was duly probated by the Cumberland county court, and in due time' an appeal was prosecuted to the Cumberland circuit court by the infant’s guardian, Aubrey Helm. At the conclusion of the evidence, the court sustained contestee’s motion for a peremptory instruction. Prom a judgment in conformity with…