MR. JUSTICE LAMAR, after making the foregoing statement, delivered the opinion of the court.
The plaintiffs, in this action of ejectment, claimed under the will of their father, John H.A. Wilson. The defendant, Charles Snow, claims under a deed executed in 1865 by Adelaide Wilson, the nominated executrix. On the trial there was proof that the will had been probated in 1858, but no record evidence that the executrix had ever taken the oath of office and qualified as...
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