Martin v. Martin

This is an appeal from a decree of the circuit court of Bureau county in a proceeding in chancery to construe the will of Andrew Martin, deceased, and for the appointment of a trustee to sell land and distribute the proceeds.

Andrew Martin died, testate March 5, 1891. He left surviving him a widow, Fannie Martin, and three sons, James C., Robert A. and George E., his only children and heirs-at-law. His will was executed on January 24, 1887. The third clause of the will (the only part of it in controversy and the provision out of which this lawsuit arises) is as follows:

“Third—I give and devise…