Foster v. Martin

HARWOOD, Justice.

Brit Birdwell died on 10 October 1967. John Brookshire was appointed administrator of his estate on 16 February 1968. Later Thomas Martin, the appellee here, offered a document purporting to be the last will and testament of Birdwell for probate in the Probate Court of Marshall County.

On 12 March 1968, this document was admitted to probate, Martin being named as executor of the will. On this same day the administration of Birdwell’s estate was removed to the Circuit Court of Marshall County, in Equity. Brookshire was later discharged as administrator.

After removal of the…