Mathis v. Mathis

A decree of the circuit court of Henry County construed a deed, dated May 10, 1928, from August and Lillian Mathis to their son Allan R. Mathis, and, also, the last will and testament of August Mathis, deceased. Katie A. Mathis and four others prosecute an appeal from the portion of the decree construing the deed. Allan R. Mathis, individually and as trustee, prosecutes a cross appeal from the decree to the extent it construes his father’s will. A freehold is necessarily involved.

From the pleadings and the evidence, it appears that, on May 10, 1928, August Mathis and his wife, Lillian,…