Neil v. Stuart

The opinion of the court was delivered by

West, J.:

This.case involves the construction of a will; the question being whether certain devisees shall take by families or individually. The only error complained of, aside from the per stirpes construction, is the refusal to receive the evidence of the scrivener ás to what the testatrix said her intentions and desires were concerning the interests of the devisees.

Jennet Neil married John Neil, and in December, 1877, a deed was made to them jointly for one tract of land now in controversy. Her husband died in 1879, and in 1881 she married his…