Diller v. Kilgore

The opinion of the court was delivered by

Smith, J.:

This was an action to determine the rights of parties *201under a will and for an accounting. Judgment was for defendants. Plaintiff appeals.

This action was begun by Fannie Diller, the life tenant of the property in question, under the will of her deceased husband. The will was as follows:

“I hereby give, bequeath and devise unto my beloved wife, Fannie Diller, for and during the term of her natural life, all property of which I may die seized, both real, personal and mixed.

“I further give to my beloved wife, Fannie Diller, the right, power and…