Breymaier v. Davidson

Opinion by

Mr. Justice Moore.

The parties to this action are sisters, and the dispute between them involves the assets left by their deceased father, William D. Smith. We will refer to plaintiff in error as Anna, and to defendant in error who was the executrix of the father’s will as Gladys.

Smith died September 30, 1956, and left surviving him his widow and the two daughters Anna and Gladys. His will provided for the establishment of a $30,000.00 trust for his widow; a legacy of $30,000.00 for Gladys; and Gladys and Anna were named as residuary legatees in equal shares. The will was offered for…