Benham v. Turkle

Nathaniel Tobin died in 1895, testate, leaving surviving him his widow, Eliza G. Tobin, and two grandchildren, Eva O’Mealey and Erie B. Turkle, children of his deceased daughter, Belle C. Turkle. Nathaniel left a will, in which he appointed his wife, Eliza C. Tobin, administratrix. The will was duly admitted to probate,, and Eliza qualified as executrix. The will, so far as is material to this controversy, provides:

"Item 1. I direct that my just debts and funeral expenses be first paid out of my estate.

"Item 2. To my wife, Eliza C. Tobin, I devise and bequeath Lot 6 in Block 7, in the town of…