Kearnes v. . Gray

This is an appeal from a refusal to sustain the defendant’s demurrer to the complaint.

The complaint sets out as the basis of the action item 6 of the will as follows; “My executors hereinafter named shall out of the rents and profits or income of my estate pay to my wife, Nannie L. Gray, twenty-five dollars ($25) per month, and to my daughter, Florence I. Kearnes, twenty-five dollars ($25) per month, during the lifetime of my said wife; and it is my desire that they bear the expense of their support equally. However, in the event of sickness or unforeseen circumstances, if their necessities…