National Life Insurance v. Watson

The opinion of the court was delivered by

Dawson, J.:

This was an action to foreclose a mortgage on 100 acres of Mitchell county land.

The only defense was interposed by seven grown children of the mortgagor, whose claims of interest were based on the following facts:

Martin Childers and Beatrice Childers, parents of the defendant interveners, who lived as husband and wife for fifty years, made a joint, mutual and reciprocal will, in which they devised to each other as survivor all their personal property and—

“III. We, as husband and wife, further direct and provide, as to our real property, and…