Maddox v. Wheeler

Nichols, Justice.

This is an appeal from a judgment granting a summary judgment and dismissing a complaint in the superior court seeking to enjoin the executor of an estate from changing or disposing of the assets of such estate, and seeking to have the executor and legatees under such will declared trustees ex maleficio for the use and benefit of beneficiaries under a former will of the testatrix. The complaint alleges undue influence on the part of the defendants in securing the execution of a probated will and lack of mental capacity to make a will at the time of its execution by the…