Patterson v. Gaissert

Exsh, O. J.

A statutory proceeding was instituted to foreclose a mortgage on land executed by a woman in her individual capacity to secure the payment of a promissory note for a stated amount of principal, interest, and attorney’s fees. The mortgagor had died and the ■ suit was instituted against her .administrator. The defendant pleaded, among other things, that the only interest the mortgagor had in the lands was a life-estate acquired under the will of her deceased husband, which terminated at her death. On the trial the will was introduced in evidence. Item two was in part as follows: “I .…