Smith v. Muse

This is an appeal from a decree of the chancery court of Madison county to settle the principles of the cause. The question involved is the correct construction and effect of item 4 of the will of James L. Muse, deceased. The trial court rejected the construction contended for by appellants and adopted at least in part that contended for by the appellees. The estate involved is land alone. Item 4 of said will follows:

“Item 4. I wish all the remainder of my property of whatever kind, real, personal or mixed, to be divided equally between my said wife and all my children by her begotten, share…