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BUCHANAN v. WILLIS

255 S.W.2d 8 (1953)

BUCHANAN et al. v. WILLIS et al.

Supreme Court of Tennessee.

January 15, 1953.

Attorney(s) appearing for the Case

Ewing Smith, Murfreesboro, and Robert L. Keele, Manchester, for appellants.

H. J. Garrett, Manchester, for Admr. c/t/a and Trustees of Church of Christ in Manchester.

Edwin T. Nance, Shelbyville, for Trustees of Church of Christ at Fairfield.

TOMLINSON, Justice.

In 1936 J.H. Cobb and wife, Lena, executed in testamentary form what is commonly called a joint will. Upon Mr. Cobb's death in 1942 this instrument was probated as his will, and his estate administered. Mrs. Cobb died in 1950. In due course thereafter the heirs of Mr. and Mrs. Cobb, respectively, filed this bill under the declaratory judgment statute for the purpose of procuring a decree adjudging this...

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