Manney's Estate Baer Et Al. v. Smith Et Al‪.‬

TERRELL, Justice. On May 20, 1943, Katherine Elsie Vincent Manney executed a will in which John Smith and others were named as legatees. None of the legatees were heirs at law or stood in blood relation to the testatrix who died February 3, 1947. Her will could not be found but a copy of it was produced and offered for probate with application for the appointment of a curator. At this juncture Miss Margaret Davies who had aided in the search for the will, produced it and filed a caveat on the ground that there was a later will executed in 1946, of which she was a beneficiary. Later a niece and nephew of Mrs. Manney filed a second caveat on the ground that Mrs. Manney executed a will in 1946 which revoked the will of 1943. The caveat of Miss Margaret Davies was then dismissed and she withdrew as a party to the proceeding. No trace or copy of the 1946 will has been produced.