Mitchell v. Mitchell

The appellant, William C. Mitchell, • is a son of Samuel M. Mitchell, by his first wife. The appellee, Ann Mitchell, was the second wife, and is now the widow of said Samuel M. Mitchell, by whom she had six children, having had a son, William H. Eslinger, by a former marriage.

The appellant instituted this suit to enjoin the appellee from mating gifts and other disposition, to said Eslinger, of the property devised to her by the said Samuel, and to declare the existence, under the terms of said will, of a trust in such property in his favor.

The circuit court sustained appellee’s demurrer to…