NICHOLS, Justice.
Albert W. Cook, a devisee under the will of Mrs. Lois F. Cook, filed the present action against Robert S. Cook, Jr., individually and as executor of the will of Mrs. Lois F. Cook, and against Thomas Hull Cook. The petition is in four counts seeking to set aside deeds, to secure an accounting and to remove Robert S. Cook, Jr. as executor. The defendants filed motions to dismiss which were overruled and it is to such judgment that the present appeal...
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