Howard v. Bennett

[10]

McCOMB, J.

From a judgment, in a proceeding to determine heirship, adjudicating that appellant had forfeited all interest and rights in the estate of his deceased wife, he appeals.

These are the conceded facts:

Lilly B. Howard, wife of appellant, died testate November 9, 1938. Her will was duly admitted to probate and an inventory and appraisement was filed.

' On June 9, 1941, the executors of decedent’s estate filed an action to quiet title to all of the properties listed in the inventory and appraisement, claiming that such properties were the sole and separate property of decedent. Appellant was the defendant in such action. On September 29, 1941, he filed an answer by which he admitted he claimed a right, title and interest in and to all of the properties, except one, listed in the inventory and appraisement. On the same day he filed a cross-complaint in which he alleged that he owned an undivided one-half interest in the properties of the estate. When the action was tried a judgment was rendered in behalf of the estate finding all of the real and personal properties, with the exception of some miscellaneous household furniture and a stick pin, to be property of the estate. Thereafter the present proceeding was instituted to have it declared that appellant had forfeited all of his interest in the estate of Mrs. Howard by reason of the “contest provision”

1

in her will.

This is the sole question necessary for us to determine:

[11]

Did the trial court properly -find, in view of the foregoing facts, that appellant had forfeited by his acts all of his right, title and interest in or to any property of decedent’s estate?

This question must be answered in the affirmative and is governed by the following pertinent rules of law: