Holt v. Miller

OPINION

By HORNBECK, J.

This is an appeal on question of law. The action in the Common Pleas Court was in partition and required a construction of the will of Enoch Miller, deceased.

The cause was submitted on an agreed statement of facts, the pertinent parts of which are that the testator died in June, 1892, leaving surviving his son, John Miller. The son John had a wife, Sarah, and two children, Clinton Howard Miller and Pearl Miller Holt. John’s wife, Sarah, died after the testator and John then married again; his second wife was Bertie Postle Miller, defendant-appellant. Pearl Miller Holt,…