Enyeart v. Driver

This is an appeal on questions of law and fact from a judgment of the Common Pleas Court of Miami County in a will construction suit. It was stipulated by counsel that the matter be submitted to the court on the allegations in the pleadings.

The testatrix, Elizabeth E. Enyeart, died January 27, 1922. Thereafter, her last will and testament was admitted to probate by the Probate Court of Miami County. The testatrix died seized in fee simple of a piece of real property. The second item of her will provides:

“Second: I give, devise and bequeath to my son, Charles F. Enyeart and my daughter, Leatha…