O'Deal v. Hartford

The following opinion was filed March 10, 1942 :

Fritz, J.

The motion to dismiss the appeal must be granted. Under the decision construing the will, and the order based thereon from which the claimant, Charles O’Deal, appealed, the legatees, who were given specific legacies by provisions in the will, are to be paid before any of the personal property can be used or applied in payment of the $1,000 note, which is secured by the mortgage on the homestead. Consequently, the interests of those legatees under the provisions of the will, as construed by the trial court in determining the intention of…