Montgomery's Ex'r v. Northcutt

Opinion op the Court by

Judge Thomas

Reversing.

W. L. Northcutt died testate, a resident of Harrison county, in 1897, leaving surviving him as his only heirs at law a married daughter, Mary L. Montgomery, and four sons, W. H. Northcutt, John K. Northcutt, W. L. Northcutt and J. F. Northcutt.

His will was executed on February 8, 1892, five years before his death, with a codicil executed August 7, 1897, the year of his death, none of which latter is involved in this litigation. By his will he provided for the payment of his debts and funeral expenses and made provision for his surviving widow and…