Butler v. Miller

The opinion of the court was delivered by

Harvey, J.:

Mary Butler, the widow and executrix under the will of Joshua Butler, deceased, brought this suit in the district court to have construed and interpreted the second paragraph of the will, which reads as follows:

“It is my will and desire and I hereby give and devise to my wife, Mary Butler, the residence now occupied by me as my homestead and described as follows, to wit: (description), to have and to hold as her own during the term of her natural life and at her death to descend to my five daughters, Emma Williamson-, Nellie Ewart, Edna…