BERRY, President:
This action was instituted in the Circuit Court of Mingo County by Polly Adair Floyd against Theodore Floyd, in his own right, and as executor of the last will and testament of Albert Rush Floyd, who died on February 8, 1961, and Sinda Floyd, Theodore's wife, under the provisions of Code, 41-5-11, to impeach a writing purported to be the last will and testament of Albert Rush Floyd dated January 21, 1961,
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