Ames v. Holmes

This is a writ of error to reverse a decree in a proceeding for partition rendered in the circuit court of Carroll county.

Eli R. Mulnix, the ancestor whose lands are sought to be partitioned, died testate on January 25, 1899, leaving Mahlon D. Mulnix, his son, who is plaintiff in error here, and others, his only heirs-at-law. . By his will the testator disposed of only a part of his estate. The will, or so much of it as is involved in this controversy, is as follows:

“First-—It is my will that my funeral expenses and all my just debts shall be fully paid.

“Second—After the payment of my just…