McDaniels v. Hays
Pike Circuit Court
This ease was brought on error into this court from the court of 'common pleas. The petition in the court below was filed by the three children of Isaac W. Hays, asking for the recovery of certain real estate, to set aside the deed that Frank M. Hays had received from Isaac W. Hays, or to have the court of common pleas pronounce it null and void.
1Opinion of the Court
The title of the defendant rests upon the construction of the will of one James W. Hays, who died_ in May, 1895, leaving a will that was executed in 1890, and a codicil thereto which was executed in 1895. The petition sets forth a portion of said will sufficient to have the court's construction as to the title of the property in question.
The petition alleges that by the terms of “Item 1” of this will, James W. Hays gave to his wife, Aurilla Hays, certain real and personal property during her life; that what is termed the home farm, consisting of two tracts of one hundred acres and…
2Cases cited1 opinion
- Turner v. BalfourSupreme Court of Connecticut · 1892