Smith v. Smith

This is an action of ejectment, and the plaintiff makes title to the premises under the last will and testament of her father, by which he devised to her the land in question, “to have and to hold to herself, her heirs, and assigns, forever, subject to the condition that she fully pay and discharge all my funeral expenses, and also pay to my daughter Katy A. Coupe the sum of fifty dollars; all such payments to be made within sixty days after my decease.” The trial court decided that the debts were not charged upon the real estate devised to the plaintiff to the relief of the other lands, and…