Harlow v. Benning

Action by plaintiff (appellant) and others to partition 90 acres of land in Pike County. The trial court found that plaintiffs had no interest in the land; that defendant, Zuma Givens, was the sole owner, and plaintiff, Roy Harlow, appealed.

Samuel Harlow, who died testate on October 5, 1896, owned the land at the time of his death. He left surviving his widow, Elizabeth Harlow, and 9 children. Defendant Zuma Givens was by the last wife, Elizabeth. The will was duly probated October 9, 1896.

The second clause of the will provided: "I give, will, and bequeath to my wife Elizabeth Harlow, 90…