Kelley v. Harsch

Suit by appellants to recover what appellant, Grace Kelley, claimed was bequeathed to her under the will of Amelia Harsch, deceased. Trial was to a jury, but at the close of the evidence, the trial court instructed a verdict in favor of Grace Kelley and Joe Gabitsch for all the furniture left by Amelia Harsch, for a $250 legacy that failed for want of a taker, and in favor of Herman Harsch for the land sued for, and rendered judgment accordingly; from which judgment Grace Kelley has appealed.

The case arose as follows: Amelia Harsch devised to Herman Harsch "my home place" and appointed him…