Harrell v. Harrell

Suit was brought by appellees to partition a tract of land containing 100 acres, which was owned by Eliza Modine Ashmore Markins at the time of her death, and the controlling question in the case is whether Mo-dine, as she was called by the witnesses, died intestate.

It is undisputed that Modine executed a will, in proper form, for the primary purpose of excluding her husband, from whom she was then estranged, and from whom she was divorced in 1940, from participating in the distribution of her estate. This will devised the lands owned by Modine to her relatives of the whole blood, to the…