McCarthy v. McCarthy

RAWLINGS, Justice.

Action in equity by plaintiff remainder-man against mortgaging life tenant in possession of farm land, and others, seeking construction of granting will, and an accounting. Trial court held adverse to plaintiff and from order of dismissal, he appeals. We affirm.

Plaintiff is one of testator’s sons. Defendants are testator’s wife, another son, and daughter. For convenience Agnes McCarthy, widow and life tenant, will be treated as sole defendant.

Joseph L. McCarthy died testate November 10, 1954. His will, admitted to probate, first makes provision for payment of debts and three…