Hodgkin v. Miller

There is but one question in this case, and that is the construction to be placed upon the language used by the testatrix in making her will.

It is a well-known rule of law in this state, so thoroughly established as to require no citation of authorities, that where real property is specifically devised and such property is subject to a mortgage made by the testator, such mortgage is to be satisfied and discharged out of any property not specifically devised, if such property is sufficient for the purpose *386and no different intent appeals in the will. So the question here is: Does the clause in…