Mears v. Lamona

The opinion of the court was delivered by

Scott, C. J.

This is a proceeding whereby the plaintiff is undertaking to subject the interest of the defendant, Perry W. Lamona, in his mother’s estate to the payment of a judgment obtained against him on a promissory note. An execution had been issued and returned nulla bona. The interest aforesaid arises under the terms of the will of the mother, Hessa Ann Lamona, which, omitting the formal parts, is as follows:

“ First. I bequeathe to Mrs. Winifred Fruit the sum of two hundred and forty dollars, to be paid from my said estate in lawful money of the…