Hoover v. Hopkins

The opinion of the court was delivered by

Burch, J.:

The action was one to impress a trust upon the estate of a testator in the possession of his widow as sole devisee, for the *66benefit of his children. The children recovered, and the widow appeals.

The estate consisted of 3,750 acres of land, valued in the petition at twenty dollars per acre, and personal property valued at $20,400. The will, which was duly probated, made a merely nominal bequest to each one of the testator’s three children, and then gave the entire estate to his wife. Recovery was predicated on an oral promise by the devisee,…