Toms v. . Brown

The questions necessary to be considered for the determination of this appeal:

1. Is the $8,000 item referred to in the petition a proper charge against the estate of Charles French Toms, Sr.? We think so under the language of the will.

Item 3rd (h) of the last will and testament of Charles French Toms, Sr., is as follows: “That upon my death my wife, as my executrix, shall be allowed to fully discharge, out of the income of my estate, or out of any money or funds arising from the sale of property belonging to the estate, or any other income derived by the estate, a certain deed of trust for…