Beall v. Hardie

The opinion of the court was delivered by

Wertz, J.:

This was an action for construction of a joint will and to quiet title to real estate. The case was submitted to the trial court on the pleadings and stipulation of facts, and the court entered judgment quieting title in plaintiff, from which ruling defendants have appealed.

The facts are substantially as follows: John M. Wise and Ellen C. Wise were husband and wife. On June 8, 1915, they duly executed their joint will. It was headed “Joint Will of John M. Wise and Ellen C. Wise, Husband and Wife.” Immediately below the heading it stated: “We,…