Stewart v. Wheeler

Wm. N. Wheeler died testate in July, 1930. A daughter, Nettie .Stewart, was named executrix in his will, which was probated August 4, 1930. The bond of the executrix was approved and letters issued to her October 18, 1930. Shortly after Nettie Stewart qualified, and in 1930, she removed to Texas where she has since resided. She acted as executrix, however, until September 10, 1941, when she was removed and I. B. Langley was appointed to succeed her.

April 2, 1941, appellee, Mrs. J. R. Wheeler, niece of Wm. N. Wheeler, filed suit in the probate court of Clay county, seeking- to establish a…