Cook v. . Sink

ADAMS and VARSER, JJ., concur in result. Relevant facts: This action was brought by plaintiff against the defendant to recover the possession of 100 acres of land, less 51 3/4 — to wit, 48 1/4 acres. In the will of W. A. Berrier, the material clauses are as follows:

"First. I give and bequeath unto my beloved wife Elizabeth all my real and personal property, to have the right to collect all debts coming to me, to pay all debts I owe, to sell real or personal property for her own use and benefit at my death to make sale, sell all loose property she doesn't need for her own use and benefit, the…