Jasme v. Mercer

The controlling question in this case is whether a will made and executed by a person leaving a wife and child, the *259provisions of which contain a bequest to certain charitable institutions, violated the provision of § 3851 of the Code, that “No person leaving a wife or child shall by will devise more than one third of his estate to any charitable . . institution, to the exclusion of such' wife or child.” The court below held, upon consideration of the petition and the demurrers thereto, that there was no violation of the section referred to; which is in effect a holding that the testator did…