Witte v. Smith

Respondent will be referred to here as plaintiff and appellant will be referred to as defendant. Martha J. Smith (hereinafter referred to as the deceased), the mother of plaintiff and defendaht and other children, died September 5, 1939, at the home of plaintiff. Deceased then had property to the value of about $24,000 and died testate, giving to her son Oda L. Smith (defendant) the sum of $4,000 and certain lands and to Della P. Witte (plaintiff), the sum of $4,000 and an automobile, and made other bequests in said will, not necessary to be noticed here. After payment of the specific…