Durham v. Harris

The first item of a will gave to the testator’s widow all his household and kitchen furniture and the rents of his farm during her life. The second item was as follows: “I give and bequeath to each of my daughters, viz., Elizabeth Harris, Talula Jackson, and Anna Foster, four hundred dollars each, and then an equal division of the remainder of my property with my sons, George, James H., Wiley, and Nathan.” The third item provided for the payment of the testator’s debts, and his executor was appointed in the fourth and last item. A petition was filed by the executor, alleging that the widow…