Mathews v. Drew

This canse conies before us on appeal from a decree sustaining a demurrer to a bill in equity. The material averments of the bill are these: The defendant, Ellen S. Drew, is the only heir at law of Mattie Ernestine Mathews, who died testate on March 21, 1929. Her will, after providing for the payment of debts, contains a clause which gives, devises and bequeaths all the testatrix’s property, real and personal, “to my executor, hereinafter named, to be by him disposed of according to a memorandum filed with my papers.” The defendant, Frederick W. Ward, is named as executor. The will was…