Martin v. Weaver

McPherson, P. J.,

This action was brought to determine the title to an undivided three-fourths interest in a tract of land situate in Ayr Township, Fulton County, more particularly described in “Exhibit D” in case stated.

Under the facts agreed upon, Peter Martin was seized in fee of the tract in dispute on Aug. 1, 1861, and died so seized on some date prior to Sept. 28, 1861, leaving a last will and testament, wherein he devised the tract in question, as part of a larger tract, to Maria and Elizabeth Martin, his daughters, subject to a life interest in favor of his widow, Barbara Martin.

The…