Thompson v. Schenck

This was an action by Thompson, as executor of David MoCoy, deceased, against Tunis Sohencli, Moses Pruitt, Elizabeth MoCoy, widow, and David MoCoy, son of the deceased, to recover possession of a farm left by the testator.

Demurrer to the complaint sustained, and judgment for the defendants.

The question arising is, whether the facts set up in the complaint entitle the plaintiff to the possession of the land. The complaint sets out the will of the testator, by virtue of which the plaintiff claims the right to recover. The will, so far as it is material to be here considered, is as follows,…