Everly v. Everly

This suit is to be set aside the will of James M. Everly, deceased. The plaintiff is the reputed son of James M. Everly and Lilly M. Everly, his wife; and the defendants Charles Henry Everly and John Hermit Everly are the sons of James M. Everly by a subsequent marriage. James M. Everly died in 1914 leaving a will, the second clause of which is as follows:

/ “Second: I give, devise and bequeath to James Earl Everly, a son of my first wife reputed to be my son, the sum of five dollars only.”

The testator then gives the remainder of his'property to his second wife and their two sons, and made the…