Morgan v. Johnson

Clay, Commissioner

Affirming..

This suit was brought by the heirs at law of Mary Ellen Armistead to sell a farm and divide the proceeds. Appellant, Ed Morgan, filed a counter-claim and cross-petition alleging ownership of the property. His claim was disallowed.

In 1927 appellant’s father died, leaving a will bequeathing and devising his entire estate to his widow, appellant’s stepmother. The will provided:

*849“I have paid to and for the benefit of my son, Ed Morgan at various times in various amounts to the extent that I desire that he receive nothing further out of my estate.”

The widow died in…