Powers v. Scharling

The opinion of the court was delivered by

Greene, J.:

Martha Powers, for herself, and as trustee for Harriet Campbell, sued in the district court of Dickinson county in ejectment for the possession of certain described real estate.

Their title is a written instrument incorporated into the petition by proper averments, and called “The last will and testament of David Sebrill.” The deceased, after providing for the payment of his debts, including those of his last illness and funeral expenses and the probating of his will, gives and bequeaths to one of his sons, naming him, all the indebtedness…