Witherspoon v. Witherspoon

CULLEN, Commissioner.

In this action by the executrix of the will of Edd Witherspoon, deceased, against his children (creditors also were made parties), it was adjudged that a deed executed *700by Witherspoon many years before his death (and before his final marriage), purporting to convey certain land to his children, did not convey any present interest, was testamentary in character, and was void because not executed with the formalities required of a will. The judgment decreed that the land was part of the decedent’s estate and therefore was subject to dower rights of the widow (who had…