Nelson v. Schoonover

The opinion of the court was delivered by

Mason, J.:

Nancy G. Nelson died, leaving a will by the terms of which her property was to be divided equally between her husband and her son by a former husband. Her husband brought an action against the son and the executor, alleging in substance that the real estate standing in the name of the decedent (who owned practically no other property) belonged to him. He obtained a decree quieting his title, and declaring the will to be invalid, there being no property upon which it could act. Upon appeal the decree was modified to this extent: The will was…